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BROWN v. BOARD OF EDUC. OF TOPEKA

No. 87-1668.

978 F.2d 585 (1992)

Oliver BROWN, et al., Plaintiffs, and Charles Smith and Kimberly Smith, Minor Children, by their Mother and Next Friend, Linda Brown Smith, et al., Intervening Plaintiffs/Appellants, v. BOARD OF EDUCATION OF TOPEKA, SHAWNEE COUNTY, KANSAS, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 28, 1993.

Attorney(s) appearing for the Case

Christopher A. Hansen (Richard Jones, Charles Scott, Jr., and Joseph Johnson with him, on the brief), American Civil Liberties Union Foundation, for plaintiffs-appellants.

Dan Biles, of Gates & Clyde, Overland Park, Kan., Carl Gallagher, Asst. Atty. Gen., Topeka, Kan., and K. Gary Sebelius (Anne L. Baker and Charles N. Henson with him, on the brief) of Davis, Wright, Unrein, Hummer, and McAllister, Topeka, Kan., for defendants-appellees.

Before MCKAY, SEYMOUR, and BALDOCK, Circuit Judges.

SEYMOUR, Circuit Judge.

More than three years ago, we reversed the district court's decision in this landmark school desegregation case. Brown v. Board of Educ., 892 F.2d 851 (10th Cir. 1989). The Supreme Court recently vacated our lengthy opinion, Board of Educ. v. Brown, ___ U.S. ___, 112 S.Ct. 1657, 118 L.Ed.2d 381 (1992), remanding for further consideration in light of ...

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