JENKINS BY JENKINS v. STATE OF MO.

No. 95-1823.

78 F.3d 1270 (1996)

Chinyere JENKINS, by her next friend, Joi JENKINS; Nicholas Paul Winchester-Rabelier, by his next friend, Paula Winchester; Margo Vaughn-Bey, by her next friend, Franklin Vaughn-Bey; Nicholas C. Light, by his next friend, Marian Light; Stephon D. Jackson, by his next friend, B.J. Jones; Travis N. Peter, by his next friend, Debora Chadd-Peter; Leland Guess, by his next friend, Sharon Guess; Plaintiffs—Appellees, American Federation of Teachers, Local 691, Intervenor — Appellee. Hashina Webster, by her parents and next friends Elaine and Ajamu Webster; Nia Webster, by her parents and next friends Elaine and Ajamu Webster; Alley Pope, by her parent and next friend Carol Coe; Kimberly Beasley, by her parents and next friends Arthur and Patricia Beasley; Arthur Beasley, by his parents and next friends Arthur and Patricia Beasley; Felicia Rhodes, by her parents and next friends Charles and Elizabeth Rhodes; Christina Gravley, by her parent and next friend Mona Hicks; Shara Kennedy, by her parent and next friend Ernestine Kennedy; Cassandra Young, by her parent and next friend Bea Sanders; Ajamu Webster; Elaine Webster; Carol Coe; Patricia Beasley; Mona Hicks; Ernestine Kennedy; Bea Sanders, as concerned parents, Intervenor — Plaintiffs — Appellants 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; 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; Betty Preston, Member of the Missouri State Board of Education; Sharon M. Williams, Member of the Missouri State Board of Education; Russell Thompson, Member of the Missouri State Board of Education; Jacquelline Wellington, Member of the Missouri State Board of Education; School District of Kansas City; Paul V. Arena, Member of the Board of Directors; Walter L. Marks, Superintendent thereof; Dr. Julia H. Hill, Member of the Board of Directors; John A. Rios, Member of the Board of Directors; Darwin Curls, Member of the Board of Directors; Patricia Kurtz, Member of the Board of Directors; Edward J. Newsome, Member of the Board of Directors; Terry Hamilton-Poore, Member of the Board of Directors; Carol A. Shank, Member of the Board of Directors; John W. Still, Member of the Board of Directors, Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1996.

Rehearing and Suggestion for Rehearing Denied April 24, 1996.


Attorney(s) appearing for the Case

Clinton Adams, Jr. of Kansas City, MO, argued (Edward L. Pendleton and Holly Winkler of Kansas City, on the brief), for appellants.

Arthur A. Benson of Kansas City, MO, argued (John R. Munich, Michael Fields, and Bart Matanic, Asst. Attys. Gen., Jefferson City, MO, on the brief), for appellees.

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


Rehearing and Suggestion for Rehearing En Banc Denied April 24, 1996.

JOHN R. GIBSON, Circuit Judge.

Hashina Webster and her proposed co-intervenors1 appeal from an order of the district court2 denying their motion to intervene as a matter of right in the ongoing Kansas City, Missouri School District desegregation litigation. The Webster group argues that the district court correctly determined that...

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