HO BY HO v. SAN FRANCISCO UNIFIED SCHOOL DIST.

Nos. 97-15926, 97-70378.

147 F.3d 854 (1998)

Brian HO, by his parent and next friend, Carl HO; Patrick Wong, by his parent and next friend, Charlene Wong; Hilary Chen, by her parent and next friend, Jane Chen, Plaintiffs-Appellants, v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT; San Francisco Board of Education; Waldemar Rojas, Superintendent of the San Francisco Unified School District; Board of Education of the State of California; California Department of Education; William D. Dawson; San Francisco National Association for the Advancement of Colored People, Defendants-Appellees. Brian HO, by his parent and next friend, Carl HO, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, Respondent, San Francisco Unified School District, Real Party In Interest.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1998.


Attorney(s) appearing for the Case

Daniel C. Girard, Girard & Greene, San Francisco, California, for appellants.

Aubrey V. McCutcheon, Jr., Ypsilanti, Michigan, for appellee San Francisco Unified School District.

John C. Yoo, Berkeley, California, for appellee Board of Education of the State of California.

Joseph Remcho, Remcho, Johansen & Purcell, San Francisco, California, for appellee Superintendent of the Board of Education.

Haywood S. Gilliam, Jr., McCutchen, Doyle, Brown & Enerson, San Francisco, California, for appellee San Francisco Chapter of the NAACP.

Before: NOONAN and TROTT, Circuit Judges, and WALLACH, Judge.


NOONAN, Circuit Judge:

By their parents and next friends, Brian Ho, aged 5, Patrick Wong, aged 14, and Hilary Chen, aged 8 (collectively Ho), brought this action in 1994 against the San Francisco Unified School District (the School District) and the other local and state defendants. The suit sought declaratory relief and an injunction forbidding the defendants from operating the public schools of San Francisco under a system of racial classification and quotas. Ho...

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