LITTLE ROCK SCH. DIST. v. NO. LITTLE ROCK SCH. DIST.

Nos. 97-1794, 97-1855, 97-2394 and 97-2406.

148 F.3d 956 (1998)

LITTLE ROCK SCHOOL DISTRICT, Plaintiff-Appellee, Servicemaster Management Services, Intervenor Plaintiff, Blytheville School District; Bryant School District; Fort Smith School District; West Memphis School District; Altus-Denning School District; Ashdown School District; Barton-Lexa School District; Batesville School District; Biggers-Reyno School District; Black Rock School District; Bright Star School District; Brinkley School District; Centerpoint School District; Clarendon School District; Cotton Plant School District; Cutter Morning Star School District; Dewitt School District; Dollarway School District; Foreman School District; Fountain Lake School District; Gillett School District; Glen Rose School District; Guy-Perkins School District; Hoxie School District; Jonesboro School District; Kirby School District; Lavaca School District; Lewisville School District; Magazine School District; Malvern School District; Mammoth Spring School District; Manila School District; Maynard School District; Oden School District; Ozark School District; Plainview-Rover School District; Pocahontas School District; Prairie Grove School District; South Conway School District; Spring Hill School District; Stamps School District; Stephens School District; Turrell School District; Van Buren School District; Warren School District; Watson Chapel School District; West Fork School District; White Hall School District; Winslow School District; Wonderview School District; Yellville-Summit School District; Alma School District; Alread School District; Beebe School District; Bentonville School District; Bergman School District; Berryville School District; Blevins School District; Booneville School District; Bradford School District; Buffalo Island School District; Caddo Hills School District; Carthage School District; Charleston School District; Corning School District; County Line Public School District; Crossett School District; Decatur School District; Dermott School District; Dumas School District; Elaine School District; Fordyce School District; Gosnell School District; Grady School District; Green County Technical Schools; Green Forest School District; Greenland School District; Greenwood School District; Harrisburg School District; Hamburg School District; Holly Grove School District; Huttig School District; Jackson County School District; Junction City School District; Lakeside School District; Lead Hill School District; Leslie School District; Marion School District; Marshall School District; Mayflower School District; McGehee School District; Mountainburg School District; Nettleton School District; Newport School District; Ola School District; Paragould School District; Parkin School District; Pleasant View School District; Quitman School District; Rural Special School District; Saratoga School District; Searcy School District; Smackover School District; Southside School District # 2 Bee Branch; Strong School District; Stuttgart School District; Valley Spring School District; Waldron School District; Weiner School District; Wickes School District; and Wynne School District; Intervenor Plaintiffs-Appellants, North Little Rock Classroom Teachers Association; Pulaski County Association of Classroom Teachers; Little Rock Classroom Teachers Association; Ed Bullington; Khayyam Davis; John Harrison; Alvin Hudson; Tatia Hudson; Milton Jackson; Lorene Joshua; Leslie Joshua; Stacy Joshua; Wayne Joshua; Katherine Knight; Sara Facen; Derrick Miles; Janice Miles; John M. Miles; NAACP; Joyce Person; Brian Taylor; Hilton Taylor; Parsha Taylor; Robert Willingham; and Tonya Willingham, Intervenor Plaintiffs, v. NORTH LITTLE ROCK SCHOOL DISTRICT; and Pulaski County Special School District, Defendants-Appellees, State of Arkansas, Defendant, Office of Desegregation Monitor, Claimant, Northeast Arkansas School District, Movant. Dale CHARLES; Robert L. Brown, Sr.; Gwen Hevey Jackson; Diane Davis; and Raymond Frazier, Plaintiffs, v. PULASKI COUNTY BOARD OF EDUCATION; Patricia Gee, Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; George Cannon, Dr., Individually and in His Official Capacity as Member of the Board of Education of the Little Rock School District, a Public Body; Katherine Mitchell, Dr., Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; W.D. Hamilton, also known as Bill Hamilton, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; Cecil Bailey, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Thomas Broughton, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; and Martin Zoldessy, Dr., Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate, Defendants, Arkansas Department of Education, Respondent. LITTLE ROCK SCHOOL DISTRICT, Plaintiff—Appellee, Servicemaster Management Services; Blytheville School District; Bryant School District; Fort Smith School District; West Memphis School District; Altus-Denning School District; Ashdown School District; Barton-Lexa School District; Batesville School District; Biggers-Reyno School District; Black Rock School District; Bright Star School District; Brinkley School District; Centerpoint School District; Clarendon School District; Cotton Plant School District; Cutter Morning Star School District; Dewitt School District; Dollarway School District; Foreman School District; Fountain Lake School District; Gillett School District; Glen Rose School District; Guy-Perkins School District; Hoxie School District; Jonesboro School District; Kirby School District; Lavaca School District; Lewisville School District; Magazine School District; Malvern School District; Mammoth Spring School District; Manila School District; Maynard School District; Oden School District; Ozark School District; Plainview-Rover School District; Pocahontas School District; Prairie Grove School District; South Conway School District; Spring Hill School District; Stamps School District; Stephens School District; Turrell School District; Van Buren School District; Warren School District; Watson Chapel School District; West Fork School District; White Hall School District; Winslow School District; Wonderview School District; Yellville-Summit School District; Alma School District; Alread School District; Beebe School District; Bentonville School District; Bergman School District; Berryville School District; Blevins School District; Booneville School District; Bradford School District; Buffalo Island School District; Caddo Hills School District; Carthage School District; Charleston School District; Corning School District; County Line Public School District; Crossett School District; Decatur School District; Dermott School District; Dumas School District; Elaine School District; Fordyce School District; Gosnell School District; Grady School District; Greeb County Technical Schools; Green Forest School District; Greenland School District; Greenwood School District; Harrisburg School District; Hamburg School District; Holly Grove School District; Huttig School District; Jackson County School District; Junction City School District; Lakeside School District; Lead Hill School District; Leslie School District; Marion School District; Marshall School District; Mayflower School District; McGehee School District; Mountainburg School District; Nettleton School District; Newport School District; Ola School District; Paragould School District; Parkin School District; Pleasant View School District; Quitman School District; Rural Special School District; Saratoga School District; Searcy School District; Smackover School District; Southside School District # 2 Bee Branch; Strong School District; Stuttgart School District; Valley Spring School District; Waldron School District; Weiner School District; Wickes School District; Wynne School District; North Little Rock Classroom Teachers Association; Pulaski Association of Classroom Teachers; Little Rock Classroom Teachers Association; Ed Bullington; Khayyam Davis; John Harrison; Alvin Hudson; Tatia Hudson; Milton Jackson; Lorene Joshua; Leslie Joshua; Stacy Joshua; Wayne Joshua; Katherine Knight; Sara Facen; Derrick Miles; Janice Miles; John M. Miles; NAACP; Joyce Person; Brian Taylor; Hilton Taylor; Parsha Taylor; Robert Willingham; and Tonya Willingham, Intervenor Plaintiffs, v. NORTH LITTLE ROCK SCHOOL DISTRICT; and Pulaski County Special School District, Defendants-Appellees, State of Arkansas, Defendant, Office of Desegregation Monitor, Claimant, Northeast Arkansas School District, Movant. Dale CHARLES; Robert L. Brown, Sr.; Gwen Hevey Jackson; Diane Davis; and Raymond Frazier, Plaintiffs, v. PULASKI COUNTY BOARD OF EDUCATION; Patricia Gee, Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; George Cannon, Dr., Individually and in His Official Capacity as Member of the Board of Education of the Little Rock School District, a Public Body; Katherine Mitchell, Dr., Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; W.D. Hamilton, also known as Bill Hamilton, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; Cecil Bailey, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; and Thomas Broughton, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Defendants, Arkansas Department of Education, Respondent-Appellant, Martin Zoldessy, Dr., Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate, Defendant. LITTLE ROCK SCHOOL DISTRICT, Plaintiff-Appellee, Servicemaster Management Services; Blytheville School District; Bryant School District; Fort Smith School District; West Memphis School District; Altus-Denning School District; Ashdown School District; Barton-Lexa School District; Batesville School District; Biggers-Reyno School District; Black Rock School District; Bright Star School District; Brinkley School District; Centerpoint School District; Clarendon School District; Cotton Plant School District; Cutter Morning Star School District; Dewitt School District; Dollarway School District; Foreman School District; Fountain Lake School District; Gillett School District; Glen Rose School District; Guy-Perkins School District; Hoxie School District; Jonesboro School District; Kirby School District; Lavaca School District; Lewisville School District; Magazine School District; Malvern School District; Mammoth Spring School District; Manila School District; Maynard School District; Oden School District; Ozark School District; Plainview-Rover School District; Pocahontas School District; Prairie Grove School District; South Conway School District; Spring Hill School District; Stamps School District; Stephens School District; Turrell School District; Van Buren School District; Warren School District; Watson Chapel School District; West Fork School District; White Hall School District; Winslow School District; Wonderview School District; Yellville-Summit School District; Alma School District; Alread School District; Beebe School District; Bentonville School District; Bergman School District; Berryville School District; Blevins School District; Booneville School District; Bradford School District; Buffalo Island School District; Caddo Hills School District; Carthage School District; Charleston School District; Corning School District; County Line Public School District; Crossett School District; Decatur School District; Dermott School District; Dumas School District; Elaine School District; Fordyce School District; Gosnell School District; Grady School District; Greeb County Technical Schools; Green Forest School District; Greenland School District; Greenwood School District; Harrisburg School District; Hamburg School District; Holly Grove School District; Huttig School District; Jackson County School District; Junction City School District; Lakeside School District; Lead Hill School District; Leslie School District; Marion School District; Marshall School District; Mayflower School District; McGehee School District; Mountainburg School District; Nettleton School District; Newport School District; Ola School District; Paragould School District; Parkin School District; Pleasant View School District; Quitman School District; Rural Special School District; Saratoga School District; Searcy School District; Smackover School District; Southside School District # 2 Bee Branch; Strong School District; Stuttgart School District; Valley Spring School District; Waldron School District; Weiner School District; Wickes School District; Wynne School District; North Little Rock Classroom Teachers Association; Pulaski Association of Classroom Teachers; Little Rock Classroom Teachers Association; Ed Bullington; Khayyam Davis; John Harrison; Alvin Hudson; Tatia Hudson; Milton Jackson; Lorene Joshua; Leslie Joshua; Stacy Joshua; Wayne Joshua; Katherine Knight; Sara Facen; Derrick Miles; Janice Miles; John M. Miles; NAACP; Joyce Person; Brian Taylor; Hilton Taylor; Parsha Taylor; Robert Willingham; and Tonya Willingham, Intervenor Plaintiffs, v. NORTH LITTLE ROCK SCHOOL DISTRICT; and Pulaski County Special School District, Defendants-Appellees, State of Arkansas, Defendant, Office of Desegregation Monitor, Claimant, Northeast Arkansas School District, Movant. Dale CHARLES; Robert L. Brown, Sr.; Gwen Hevey Jackson; Diane Davis; and Raymond Frazier, Plaintiffs, v. PULASKI COUNTY BOARD OF EDUCATION; Patricia Gee, Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; George Cannon, Dr., Individually and in His Official Capacity as Member of the Board of Education of the Little Rock School District, a Public Body; Katherine Mitchell, Dr., Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; W.D. Hamilton, also known as Bill Hamilton, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; Cecil Bailey, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; and Thomas Broughton, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Defendants, Arkansas Department of Education, Respondent-Appellant, Martin Zoldessy, Dr., Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate, Defendant. LITTLE ROCK SCHOOL DISTRICT, Plaintiff-Appellee, Servicemaster Management Services, Intervenor Plaintiff, Blytheville School District; Bryant School District; Fort Smith School District; West Memphis School District; Altus-Denning School District; Ashdown School District; Barton-Lexa School District; Batesville School District; Biggers-Reyno School District; Black Rock School District; Bright Star School District; Brinkley School District; Centerpoint School District; Clarendon School District; Cotton Plant School District; Cutter Morning Star School District; Dewitt School District; Dollarway School District; Foreman School District; Fountain Lake School District; Gillett School District; Glen Rose School District; Guy-Perkins School District; Hoxie School District; Jonesboro School District; Kirby School District; Lavaca School District; Lewisville School District; Magazine School District; Malvern School District; Mammoth Spring School District; Manila School District; Maynard School District; Oden School District; Ozark School District; Plainview-Rover School District; Pocahontas School District; Prairie Grove School District; South Conway School District; Spring Hill School District; Stamps School District; Stephens School District; Turrell School District; Van Buren School District; Warren School District; Watson Chapel School District; West Fork School District; White Hall School District; Winslow School District; Wonderview School District; Yellville-Summit School District; Alma School District; Alread School District; Beebe School District; Bentonville School District; Bergman School District; Berryville School District; Blevins School District; Booneville School District; Bradford School District; Buffalo Island School District; Caddo Hills School District; Carthage School District; Charleston School District; Corning School District; County Line Public School District; Crossett School District; Decatur School District; Dermott School District; Dumas School District; Elaine School District; Fordyce School District; Gosnell School District; Grady School District; Greeb County Technical Schools; Green Forest School District; Greenland School District; Greenwood School District; Harrisburg School District; Hamburg School District; Holly Grove School District; Huttig School District; Jackson County School District; Junction City School District; Lakeside School District; Lead Hill School District; Leslie School District; Marion School District; Marshall School District; Mayflower School District; McGehee School District; Mountainburg School District; Nettleton School District; Newport School District; Ola School District; Paragould School District; Parkin School District; Pleasant View School District; Quitman School District; Rural Special School District; Saratoga School District; Searcy School District; Smackover School District; Southside School District # 2 Bee Branch; Strong School District; Stuttgart School District; Valley Spring School District; Waldron School District; Weiner School District; Wickes School District; and Wynne School District, Intervenor Plaintiffs-Appellants, North Little Rock Classroom Teachers Association; Pulaski Association of Classroom Teachers; Little Rock Classroom Teachers Association; Ed Bullington; Khayyam Davis; John Harrison; Alvin Hudson; Tatia Hudson; Milton Jackson; Lorene Joshua; Leslie Joshua; Stacy Joshua; Wayne Joshua; Katherine Knight; Sara Facen; Derrick Miles; Janice Miles; John M. Miles; NAACP; Joyce Person; Brian Taylor; Hilton Taylor; Parsha Taylor; Robert Willingham; and Tonya Willingham, Intervenor Plaintiffs, v. NORTH LITTLE ROCK SCHOOL DISTRICT; and Pulaski County Special School District, Defendants-Appellees, State of Arkansas, Defendant, Office of Desegregation Monitor, Claimant, Northeast Arkansas School District, Movant. Dale CHARLES; Robert L. Brown, Sr.; Gwen Hevey Jackson; Diane Davis; and Raymond Frazier, Plaintiffs, v. PULASKI COUNTY BOARD OF EDUCATION; Patricia Gee, Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; George Cannon, Dr., Individually and in His Official Capacity as Member of the Board of Education of the Little Rock School District, a Public Body; Katherine Mitchell, Dr., Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; W.D. Hamilton, also known as Bill Hamilton, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; Cecil Bailey, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; and Thomas Broughton, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Defendants, Arkansas Department of Education, Respondent, Martin Zoldessy, Dr., Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided July 1, 1998.

Rehearing Denied August 4, 1998.


Attorney(s) appearing for the Case

Timothy Gauger, Assistant Attorney General, Little Rock, AR, argued (James M. Llewellyn, Jr., on the brief), for Appellants.

Christopher John Heller, Little Rock, AR, argued, for Appellee Little Rock School District.

Stephen W. Jones, Little Rock, AR, argued (John C. Fendley, Jr., Allen Carney, and M. Samuel Jones, III, on the brief), for Appellee North Little Rock School District.

Christopher John Heller, Little Rock, AR, Stephen W. Jones, Little Rock, AR, argued, for Appellee Pulaski County Special School District.

Before RICHARD S. ARNOLD, Chief Judge, HEANEY and WOLLMAN, Circuit Judges.


RICHARD S. ARNOLD, Chief Judge.

In these appeals we are asked once again to interpret certain provisions of the agreement by which the parties to the Pulaski County, Arkansas, school-desegregation case settled their dispute. The question presented is whether changes made by the State of Arkansas in the funding of retirement and health insurance for teachers violated that agreement. The Little Rock School District, the Pulaski County Special School District, and the...

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