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RIVARDE BY RIVARDE v. STATE OF MO.

No. 90-1249.

930 F.2d 641 (1991)

Quintin Jude RIVARDE, by their next friend Judy V. RIVARDE, Johnne Wallace, by their next friend, Judy V. Rivarde, Latasha Wallace, by their next friend, Judy V. Rivarde, Latoya Moore, by their next friend Judy V. Rivarde, Jillian Gee, by their next friend, Vera Navels, Laura Ann Thompson, by their next friend Threquinta Thompson, Lanita Thompson, by their next friend Threquinta Thompson, Maya Lynette Jones, by her next friend, Brenda Sylvan, Appellants, v. STATE OF MISSOURI, John Ashcroft, Governor of the State of Missouri, Missouri State Board of Education, Roseann Bentley, Dan L. Blackwell, Terry A. Bond, Thomas R. David, Susan D. Finke, Raymond F. McCallister, Jr., Cynthia B. Thompson, and Roger L. Tolliver, Robert E. Bartman, Commissioner of Education of the State of Missouri, The School District of Kansas City, Missouri, George F. Garcia, Superintendent of the School District of Kansas City, Missouri, Kansas City Missouri School Board, Paul Ballard, James Bonadonna, Sue Fulson, President, Fred Heine, Julia Hill, William De Foor, Robert Stephens, Carl Struby and Sandra Walker, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 16, 1991.

Attorney(s) appearing for the Case

Stephen Miller, Kansas City, Mo., for appellants.

Daniel Kohrman, Washington, D.C., and Michael Fields, Jefferson City, Mo., for appellees.

Before JOHN R. GIBSON, MAGILL and BEAM, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

This is an appeal from an order of the district court1 dismissing appellants' complaint on procedural grounds. The district court held that appellants were not entitled to bring a separate lawsuit seeking modification of a desegregation decree in a pending class action, and instead, must file a motion to intervene in the pending class action. On appeal, appellants contend that they are entitled to maintain...

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