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VILLANUEVA v. CARERE

Nos. 94-1454, 94-1479.

85 F.3d 481 (1996)

Lorraine VILLANUEVA, on behalf of herself and her minor children, Delores Villanueva, Kayla Villanueva, and Esteban Villanueva; Jennie M. Vasco and Claude L. Vasco, on their own behalf and on behalf of their minor child, Marie Vasco; Bernadette Villalon, on behalf of herself and her minor children, Jason Villalon and Ian Villalon; and collectively on behalf of all others similarly situated, Plaintiffs/Counter-Defendants-Appellants/Cross-Appellees, v. Warren D. CARERE, President and Member, Board of Education for Pueblo School District No. 60, Dennis Flores, Mary Lou Jackson, Abel J. Tapia, Judy Weaver, Members, Board of Education for Pueblo School District No. 60; Board of Education for Pueblo School District No. 60, Defendants-Appellees/Cross-Appellants, and The State of Colorado ex rel. Gale A. Norton and the Colorado State Board of Education, Defendants-Intervenors-Counter Claimants-Appellees. Colorado League of Charter Schools, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 4, 1996.

Attorney(s) appearing for the Case

Margaret L. Herdeck, Pueblo, Colorado (J.E. Losavio, Jr. and Peter S. Blood, Pueblo, Colorado, and William S. Barber of Pueblo County Legal Services, Inc., Pueblo, Colorado, with her on the briefs), for Plaintiffs-Counter Defendants-Appellants/Cross-Appellees.

Franklin A. Nachman (Martin Semple with him on the brief), of Semple & Jackson, P.C., Denver, Colorado, for Defendants-Appellees/Cross-Appellants Warren Carere, et al.

William E. Thro, Assistant Attorney General, Denver, Colorado (Gale A. Norton, Attorney General of Colorado, with him on the brief), for Defendants-Intervenors-Counter Claimants/Appellees the State of Colorado ex rel. Gale A. Norton and the Colorado State Board of Education.

James W. Griffin, Lakewood, Colorado, on the brief for Amicus Curiae the Colorado League of Charter Schools.

Before PORFILIO, HENRY, and BRISCOE, Circuit Judges.

HENRY, Circuit Judge.

Plaintiffs-appellants, a class of Hispanic parents and their children (the Parents), brought this action to enjoin the closing of two Pueblo, Colorado public schools and the opening of a charter school pursuant to the Colorado Charter Schools Act, Colo.Rev.Stat. §§ 22-30.5-101 to -114 (the Act). The Parents alleged that the decisions of defendant-appellee the Board of Education for Pueblo School District No. 60 (the Board) to close...

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