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EISENBERG v. MONTGOMERY COUNTY PUBLIC SCHOOLS

No. 98-2503.

197 F.3d 123 (1999)

Jeffrey EISENBERG, on behalf of Jacob EISENBERG, Plaintiff-Appellant, and Elinor Merberg, on behalf of Jacob Eisenberg, Plaintiff, v. MONTGOMERY COUNTY PUBLIC SCHOOLS; Paul Vance, Dr., Superintendent, in his official and personal capacity; Montgomery County Board of Education, Members, in their official and personal capacity, Defendants-Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: October 6, 1999.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Eisenberg, Silver Spring, Maryland, for Appellant. Patricia Ann Brannan, Hogan & Hartson, L.L.P., Washington, D.C., for Appellees. Rebecca K. Troth, United States Department of Justice, Washington, D.C., for Amicus Curiae. ON BRIEF: Maree F. Sneed, Audrey J. Anderson, Hogan & Hartson, L.L.P., Washington, D.C.; Judith S. Bresler, Reese & Carney, L.L.P., Columbia, Maryland, for Appellees. Bill Lann Lee, Acting Assistant Attorney General, Mark L. Gross, United States Department of Justice, Washington, D.C., for Amicus Curiae.

Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.

Reversed and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge NIEMEYER and Judge TRAXLER joined.

OPINION

WIDENER, Circuit Judge:

The issue in this case is whether the Montgomery County Board of Education may deny a student's request to transfer to a magnet school because of his race. We hold that it may not.

Jacob Eisenberg appeals the district court...

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