JENKINS BY JENKINS v. STATE OF MISSOURI

Nos. 97-1968, 97-2078.

131 F.3d 716 (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-Appellee, 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; 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-Appellees. 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 below-Appellee, 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-Appellants, 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-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1997.


Attorney(s) appearing for the Case

Arthur A. Benson, II, Jamie K. Lansford, Benson & Associates, Kansas City, MO, for Plaintiffs-Appellants.

Scott Alan Raisher, Jolley & Walsh, Kansas City, MO, for American Federation of Teachers, Local 691.

Bart Anton Matanic, John R. Munich, Attorney General's Office, Jefferson City, MO, for State of Mo., Mel Carnahan, Bob Holden, Missouri State Bd. of Educ., Peter Herschend, Thomas R. Davis, Robert E. Bartman, Gary D. Cunningham, Rice Pete Burns, Sharon M. Williams, Betty Preston, Jacquelline Wellington, Russell Thompson.

Mark A. Thornhill, Spencer & Fane, Kansas City, MO, Taylor Fields, Fields & Brown, Kansas City, MO, for School Dist. of Kansas City, Dr. Henry D. Williams, Terry M. Riley, Lance Loewenstein, Marilyn Simmons, Sandy Aguire Mayer, John A. Rios, Darwin Curls, Patricia Kurtz, Edward J. Newsome, Dr. Julia H. Hill, John W. Still.

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


JOHN R. GIBSON, Circuit Judge.

The Jenkins Class presents an application for fees for the appeals that resulted in our affirmance of the district court's decision denying unitary status and approving the settlement between the State of Missouri and the Kansas City, Missouri School District. The Jenkins Class appealed the order approving the settlement, and the State appealed the district court's order denying unitary status...

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