JENKINS BY JENKINS v. STATE OF MISSOURI

No. 96-3870.

115 F.3d 554 (1997)

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-Appellants, American Federation of Teachers, Local 691, Intervenor below, 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; Rice Pete Burns, Member of the Missouri State Board of Education; Sharon M. Williams, Member of the Missouri State Board of Education; Betty Preston, Member of the Missouri State Board of Education; Jacquelline Wellington, Member of the Missouri State Board of Education; Russell Thompson, Member of the Missouri State Board of Education, Defendants-Appellees, School District of Kansas City; Dr. Henry D. Williams, Superintendent thereof; Terry M. Riley, Member of the Board of Directors; Lance Loewenstein, Member of the Board of Directors; Marilyn Simmons, Member of the Board of Directors; Sandy Aguire Mayer, 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; Dr. Julia H. Hill, Member of the Board of Directors; John W. Still, Member of the Board of Directors, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided May 22, 1997.


Attorney(s) appearing for the Case

Arthur A. Benson II, Kansas City, Missouri, argued (John E. Kirklin and Jamie Kathryn Lansford, Kansas City, Missouri, on the brief), for Appellants.

Bart A. Matanic, Jefferson City, Missouri, argued (John R. Munich and Michael J. Fields and Jeremiah W. (Jay) Nixon, Attorney General, Jefferson City, Missouri, on the brief), for Appellees.

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


JOHN R. GIBSON, Circuit Judge.

The plaintiffs in the Kansas City school desegregation case appeal the district court's order denying them an award of attorneys' fees for their participation in the proceedings in the Supreme Court that culminated in Missouri v. Jenkins, 515 U.S. 70, 115 S.Ct. 2038, 132 L.Ed.2d 63 (1995) (Jenkins III). The district court denied fees on the theory that, since the Supreme Court decided

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