LIDDELL BY LIDDELL v. BD. OF EDUC. CITY OF ST. LOUIS

No. 95-1093.

73 F.3d 819 (1996)

Michael C. LIDDELL, a minor, by Minnie LIDDELL, his mother and next friend; Kendra Liddell, a minor, by Minnie Liddell, her mother and next friend; Minnie Liddell; Roderick D. LeGrand, a minor by Lois LeGrand, his mother and next friend; Lois LeGrand; Clodis Yarber, a minor, by Samuel Yarber, his father and next friend; Samuel Yarber; Earline Caldwell; Lillie Caldwell; Gwendolyn Daniels; National Association for the Advancement of Colored People; United States of America; City of St. Louis; Plaintiffs; v. BOARD OF EDUCATION OF the CITY OF ST. LOUIS; Defendant-Appellee; John P. Mahoney, President, Board of Education of the City of St. Louis; Penelope Alcott, a member of the Board of Education; Marjorie R. Smith, a member of the Board of Education; Earl E. Nance, Jr., a member of the Board of Education; Thomas F. Bugel, a member of the Board of Education; Louis P. Fister, a member of the Board of Education; Nancy L. Hagan, a member of the Board of Education; Earl P. Holt, III, a member of the Board of Education; Shirley M. Kiel, a member of the Board of Education; Gwendolyn A. Moore, a member of the Board of Education; Dr. Joyce M. Thomas, a member of the Board of Education; Rufus Young, Jr.; Julius C. Dix; David J. Mahan, Interim Superintendent of Schools; Ronald Leggett, St. Louis Collector of Revenue; Defendants; State of Missouri; Mel Carnahan, Governor of the State of Missouri; Jeremiah W. (Jay) Nixon, Attorney General; Bob Holden, Treasurer; Richard A. Hanson, Commissioner of Administration; Robert E. Bartman, Commissioner of Education; Missouri State Board of Education, and its members; Thomas R. Davis; Gary M. Cunningham; Sharon M. Williams; Peter F. Herschend; Jacqueline D. Wellington; Betty E. Preston; Russell V. Thompson; Defendants-Appellants; Special School District of St. Louis County, Affton Board of Education; Bayless Board of Education; Brentwood Board of Education; Clayton Board of Education; Ferguson-Florissant Board of Education; Hancock Place Board of Education; Hazelwood Board of Education; Jennings Board of Education; Kirkwood Board of Education; Ladue Board of Education; Lindbergh Board of Education; Maplewood-Richmond Heights Board of Education; Mehlville Board of Education; Normandy Board of Education; Parkway Board of Education; Pattonville Board of Education; Ritenour Board of Education; Riverview Gardens Board of Education; Rockwood Board of Education; University City Board of Education; Valley Park Board of Education; Webster Groves Board of Education; Wellston Board of Education; St. Louis County; Buzz Westfall, County Executive; James Baker, Director of Administration, St. Louis County, Missouri; Robert H. Peterson, Collector of St. Louis County "Contract Account," St. Louis County, Missouri; Defendants; St. Louis Teachers' Union, Local 420, AFT, AFL-CIO; Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided January 12, 1996.


Attorney(s) appearing for the Case

John J. Lynch, Assistant Attorney General, argued, St. Louis, MO (Michael Fields and Gregory Scott, Asst. Attys. Gen. on the brief), for appellant.

Kenneth C. Brostron, argued, St. Louis, MO (Stephen A. Cooper and Alan D. Pratzel and Dirk DeYong, on the brief), for appellee.

Before McMILLIAN, HEANEY, and FAGG, Circuit Judges.


HEANEY, Circuit Judge.

The State of Missouri appeals an order to reimburse the Board of Education of the City of St. Louis (the Board) for attorneys' fees and expenses. Prior to the order, the district court had rejected a previous request by the Board for attorneys' fees and expenses. That request was based on a claim that the Board was entitled to the fees as a prevailing party. The Board appealed that order. While the case was pending before this court, the Board...

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