JENKINS BY AGYEI v. STATE OF MO.

Nos. 94-1405, 94-1408, 94-1414, 94-1496 and 94-1681.

38 F.3d 960 (1994)

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; Terrance Cason, by his next friend, Antoria Cason; Jonathan Wiggins, by his next friend, Rosemary Jacobs Love; Kirk Allan Ward, by his next friend, Mary Ward, Plaintiffs-Appellants, Robert M. Hall, by his next friend, Denise Hall, Plaintiff, 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, Plaintiffs-Appellants, American Federation of Teachers, Local 691, Intervenor-Appellee, v. STATE OF MISSOURI; Mel Carnahan, Governor of the State of Missouri; Bob Holden, Treasurer of the State of Missouri; Missouri State Board of Education; Peter Herschend, Member of the Missouri State Board of Education; Raymond McCallister, Jr., Reverend, Member of the Missouri State Board of Education; Susan D. Finke, President, Member of the Missouri State Board of Education; Thomas R. Davis, Member of the Missouri State Board of Education; Robert E. Bartman, Commissioner of Education of the State of Missouri; Gary D. Cunningham, Member of the Missouri State Board of Education; Rebecca M. Cook, Member of the Missouri State Board of Education; Sharon M. Williams, Member of the Missouri State Board of Education; Jacquelline Wellington, Member of the Missouri State Board of Education, Defendants-Appellees, School District of Kansas City; Walter L. Marks, Superintendent thereof, Defendants-Appellees. 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; Terrance Cason, by his next friend, Antoria Cason; Jonathan Wiggins, by his next friend, Rosemary Jacobs Love; Kirk Allan Ward, by his next friend, Mary Ward, Plaintiffs, Robert M. Hall, by his next friend, Denise Hall, Plaintiff, 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, Plaintiffs, American Federation of Teachers, Local 691, Intervenor, v. STATE OF MISSOURI; Mel Carnahan, Governor of the State of Missouri; Bob Holden, Treasurer of the State of Missouri; Missouri State Board of Education; Peter Herschend, Member of the Missouri State Board of Education; Raymond McCallister, Jr., Reverend, Member of the Missouri State Board of Education; Susan D. Finke, President, Member of the Missouri State Board of Education; Thomas R. Davis, Member of the Missouri State Board of Education; Robert E. Bartman, Commissioner of Education of the State of Missouri; Gary D. Cunningham, Member of the Missouri State Board of Education; Rebecca M. Cook, Member of the Missouri State Board of Education; Sharon M. Williams, Member of the Missouri State Board of Education; Jacquelline Wellington, Member of the Missouri State Board of Education, Defendants-Appellants, School District of Kansas City; Walter L. Marks, Superintendent thereof; Paul V. Arena, Member of the Board of Directors; Paul B. Ballard, Member of the Board of Directors; Alex P. Ellison, Member of the Board of Directors; Dr. Julia H. Hill, Member of the Board of Directors; Rev. John Navarre, Member of the Board of Directors; Aasim Baheyadeen, Member of the Board of Directors; Ruth L. Bauch, Member of the Board of Directors; Sue Fulson, Member of the Board of Directors; E.J. Holland, Jr., Member of the Board of Directors, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided October 13, 1994.


Attorney(s) appearing for the Case

Arthur Benson and Diane Moritz, Kansas City, MO, for appellant.

Michael Fields, Jefferson City, MO, for appellee.

Before McMILLIAN, Circuit Judge, and HEANEY and JOHN R. GIBSON, Senior Circuit Judges.


JOHN R. GIBSON, Senior Circuit Judge.

The efforts to establish a voluntary interdistrict transfer plan as a part of the remedy in the Kansas City school desegregation case are before us again. The district court disapproved a plan negotiated between the Jenkins Class and the North Kansas City School District. It also found the State's plan reasonable and a basic starting point for negotiation on a voluntary interdistrict transfer...

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