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JENKINS BY JENKINS v. STATE OF MISSOURI

Nos. 97-4112, 98-1978.

158 F.3d 980 (1998)

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, 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; 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; 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; Henry D. Williams, Superintendent; John W. Still, Member of the Board of Directors, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 19, 1998.

Attorney(s) appearing for the Case

Arthur A. Benson II, Kansas City, MO, argued (Jamie Kathryn Lansford, on the brief), for appellees Jenkins, et al.

Bart A. Matanic, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, John R. Munich and Michael F. Fields, on the brief), for appellee State of Missouri.

David A. Naatz, Kansas City, MO, argued (Taylor Fields, Charles R. Brown, Michael F. Delaney, Mark A. Thornhill and John P. Jennings, on the brief), for appellants.

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

JOHN R. GIBSON, Circuit Judge.

The question before us is whether the State of Missouri or the Kansas City, Missouri School District should be liable for the Jenkins' class's attorneys' fees and expenses incurred in litigation in the district court between the date of the district court's order approving the settlement agreement and the expiration of any right to further appeal from that order. Because the district court's order holding KCMSD liable is predicated on...

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