JENKINS BY AGYEI v. STATE OF MO.

Nos. 89-1957, 89-2452.

904 F.2d 415 (1990)

Kalima JENKINS, by her friend, Kamau AGYEI; Carolyn Dawson, by her next friend, Richard Dawson; Tufanza A. Byrd, by her next friend, Teresa Byrd; Derek A. Dydell, by his next friend, Maurice Dydell; Terrance Cason, by his next friend, Antoria Cason; Jonathan Wiggins, by his next friend Rosemary Jacobs Love; Kirk Allen Ward, by his next friend, Mary Ward; Robert M. Hall, by his next friend, Denise Hall; Dwayne A. Turrentine, by his next friend Sheila Turrentine; Gregory A. Pugh, by his next friend, David Winters, on behalf of themselves and all others similarly situated; Appellants, American Federation of Teachers, Local 691, Appellee, v. The STATE OF MISSOURI; Honorable John Ashcroft, Governor of the State of Missouri; Wendell Bailey, Treasurer of the State of Missouri; Missouri State Board of Education; Roseann Bentley, Dan Blackwell, Terry A. Bond, President, Roger L. Tolliver, Raymond McCallister, Jr., Susan D. Finke, Thomas R. Davis, Cynthia B. Thompson, Members of the Missouri State Board of Education; Robert E. Bartman, Commissioner of Education of the State of Missouri, Appellees, and School District of Kansas City, Missouri and Claude C. Perkins, Superintendent thereof, Appellees. Jennifer T. NAYLOR and Eric J. Naylor, by their next friend Reverend James NAYLOR; Dwayne Shores, by his mother and next friend Rose Shores; Adrian R. Dean, Tanisha M. Johnson, Andrea L. Johnson, and Gregory T. Johnson, by their mother and next friend Patience M. Johnson; Kevin Dion Innis, by his mother and next friend Linda Innis; Deidra Jovan Rayfield, by her mother and next friend Latricia Rayfield McArn; Nicole R. Griffith, by her father and next friend Raymond B. Griffith, Sr.; Chrissean King, by his mother and next friend Patti King; Ronale M. Dunn, by his mother and next friend Janice Dunn; LaShonda M. Gross, by her father and next friend Michael L. Gross; Jerry Steve Roggett, by his grandmother and next friend, Martha M. Anderson; and Bryant Tucker, by his mother and next friend Gladys Tucker, Appellants, Arthur A. Benson, II, Appellant, v. LEE'S SUMMIT REORGANIZED SCHOOL DISTRICT R-7; Dr. Gail Williams, Acting Superintendent thereof; and Robert Jones, Robert Bruce, James Coleman, John Patterson, Margaret Piepergerdes, Sherry Sims, Members of the Board of Education thereof; North Kansas City, Missouri School District; Dr. Gene Denisar, Superintendent thereof; and Freddie Nichols, Rick Moore, Sandra Clark, Mary Smith, Bill Trickey, Joe Jacobs, Wes McCullough, Members of the Board of Education thereof; School District of the City of Independence; Dr. Robert Henley, Superintendent thereof; and Sharon Williams, Helen French, Michael Barnett, Ronald Sinke, Sharon Floyd, Phillip Parrino, Members of the Board of Education thereof; The State of Missouri; John Ashcroft, Governor of the State of Missouri; Wendell Bailey, Treasurer of the State of Missouri; Robert Bartman, Commissioner of Education of the State of Missouri; and Roseann Bentley, Dan Blackwell, Pres. Terry A. Bond, Delmar A. Cobble, Grover Gamm, Jimmy Robertson, Robert L. Welling, Donald E. West, Members of the Missouri State Board of Education, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 23, 1990.

Order on Denial of Rehearing and Rehearing May 23, 1990.


Attorney(s) appearing for the Case

Arthur A. Benson, II, Kansas City, Mo., and Patricia A. Brannan, Washington, D.C., for appellants.

Michael J. Fields, Jefferson City, Mo., for appellees.

Bertrand M. Cooper, Seth Aronson, Scott J. Kaplan, O'Melveny & Myers Los Angeles, Cal., for appellant Arthur A. Benson II.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.


Order on Denial of Rehearing and Rehearing En Banc May 23, 1990.

HEANEY, Senior Circuit Judge.

We are concerned in these consolidated appeals with the following questions: (1) did the district court err in granting summary judgment to the North Kansas City School District, Lee's Summit Reorganized School District R-7, and the Independence School District; (2) did the district court err in granting summary judgment to the State of Missouri; and (3) did the...

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