KEYES v. SCHOOL DIST. NO. 1, DENVER, COLO.

No. 95-1487.

119 F.3d 1437 (1997)

Wilfred KEYES, individually and on behalf of Christi Keyes, a minor; Christine A. Colley, individually and on behalf of Kris M. Colley, and Mark A. Williams, minors; Irma J. Jennings, individually and on behalf of Rhonda O. Jennings, a minor; Roberta R. Wade, individually and on behalf of Gregory L. Wade, a minor; Edward J. Starks, Jr., individually and on behalf of Denise Michelle Starks, a minor; Josephine Perez, individually and on behalf of Carlos A. Perez, Shiela R. Perez and Terry J. Perez, minors; Maxine N. Becker, individually and on behalf of Dinah L. Becker, a minor; Eugene R. Weiner, individually and on behalf of Sarah S. Weiner, a minor, Plaintiffs-Appellants, and Congress of Hispanic Educators, an unincorporated association; Montbello Citizens' Committee, Inc.; Arturo Escobedo and Joanne Escobedo, individually and on behalf of Linda Escobedo and Mark Escobedo, minors; Eddie R. Cordova, individually and on behalf of Renee Cordova, and Barbara Cordova, minors; Robert Pena, individually and on behalf of Theresa K. Pena and Craig R. Pena, minors; Robert L. Hernandez and Margaret M. Hernandez, individually and on behalf of Randy R. Hernandez; Roger L. Hernandez, Russell C. Hernandez, Rachelle J. Hernandez, minors; Frank Madrid, individually and on behalf of Jeanne S. Madrid, a minor; Ronald E. Montoya and Naomi R. Montoya, individually and on behalf of Ronald C. Montoya, a minor; John E. Dominguez and Esther E. Dominguez, individually and on behalf of John E. Dominguez, Mark E. Dominguez and Michael J. Dominguez, minors; John H. Flores and Anna, individually and on behalf of Theresa Flores, Joni A. Flores and Luis E. Flores, minors; Moore School Community Association, and Moore School Lay Advisory Committee; Citizens Association for Neighborhood Schools, an unincorporated association, and on behalf of all others similarly situated, Plaintiffs-Intervenors, v. SCHOOL DISTRICT NO. 1, DENVER, COLORADO; the Board of Education, School District Number One, Denver, Colorado; William C. Berge, individually and as President, Board of Education, School District Number One, Denver, Colorado; Stephen J. Knight, Jr., individually and as Vice President, Board of Education, School District Number One, Denver, Colorado; James C. Perrill; Frank K. Southworth; John H. Amesse; James D. Voorhees, Jr. and Rachel B. Noel, individually and as members, Board Education, School District Number One, Denver, Colorado; Robert D. Gilberts, individually and as Superintendent of Schools, School District Number One, Denver, Colorado, Defendants-Appellees, Mr. and Mrs. Douglas Barnett, individually and on behalf of Jade Barnett, a minor; Mr. and Mrs. Jack Pierce, individually and on behalf of Rebecca Pierce and Cynthia Pierce, minors; Jane Walden, individually and on behalf of James Craig Walden, a minor; Mr. and Mrs. William B. Brice, individually and on behalf of Kristie Brice, a minor; Mr. and Mrs. Carl Anderson, individually and on behalf of Gregory Anderson, Cindy Anderson, Jeffery Anderson and Tammy Anderson, minors; Mr. and Mrs. Charles Simpson, individually and on behalf of Douglas Simpson, a minor; Mr. and Mrs. Patrick McCarthy, individually and on behalf of Cassandra McCarthy, a minor; Richard Klein, individually and on behalf of Janet Klein, a minor; Mr. and Mrs. Frank Rupert, individually and on behalf of Michael Rupert and Scott Rupert, minors; State of Colorado, ex rel. Gale Norton, Defendants-Intervenors, Susan Tarrant, Wade Potter, Deborah Potter, Daniel J. Patch, Marilyn Y. Patch, Chris Andres, Ronald Griego, Dora Griego and Randy French, Intervenors.

United States Court of Appeals, Tenth Circuit.

July 18, 1997.


Attorney(s) appearing for the Case

Gordon G. Greiner, Holland & Hart, Denver, CO (Dennis D. Parker, NAACP Legal Defense and Education Fund, Inc., New York City, on the briefs), for Plaintiffs-Appellants.

Michael H. Jackson, Semple & Jackson, Denver, CO (Phil C. Neal, Neal, Gerber & Eisenberg, Chicago, IL, on the briefs), for Defendants-Appellees.

Timothy M. Tymkovich, Solicitor General, State of Colorado, Denver, CO (Gale A. Norton, Attorney General of Colorado, Denver, CO, and William E. Thro, Assistant Attorney General of Colorado, Denver, CO, on the briefs), for Defendant-Intervenor-Appellee State of Colorado.

Before ANDERSON, HENRY, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

Since 1969 the United States District Court for the District of Colorado has maintained jurisdiction over School District No. 1, Denver, Colorado ("the School District"), for the purpose of eliminating de jure segregation in the Denver schools. This appeal arises from the district court's 1995 decision to terminate its jurisdiction over the School District, finding the School District had eliminated the vestiges of de jure discrimination...

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