David POWELL; Shelean Parks; Patrice Everage; Julia A. Davis; Yvette Bland; Geraldine Newton; Maria M. Rivera; Mary E. Miller; Gregory Luzak; Catherine Luzak; Fu-Zhen Xie; The Black Clergy of Philadelphia and Vicinity; Philadelphia Branch Naacp; Aspira, Inc. of Pennsylvania; Parents Union for Public Schools; Citizens Committee on Public Education in Philadelphia; Parents United for Better Schools; David W. Hornbeck, Superintendent, The School District of Philadelphia; Floyd W. Alston, President, Board of Education of the School District of Philadelphia; Board of Education of the School District of Philadelphia; The School District of Philadelphia; Edward G. Rendell, Mayor, City of Philadelphia; City of Philadelphia
Philadelphia Federation of Teachers Local 3; Ted Kirsch, President, Guardian Ad Litem, Intervenors in D.C.
v.
Thomas RIDGE, Governor of the Commonwealth of Pennsylvania; James P. Gallagher, Chairperson Commonwealth of Pennsylvania State Board of Education; Eugene W. Hickok, Secretary of Education; Barbara Hafer, Treasurer
Matthew J. RYAN; Robert C. Jubelirer; Jess M. Stairs; James J. Rhoades, Intervenors in D.C.
David Powell; Shelean Parks; Patrice Everage; Julia A. Davis; Yvette Bland; Geraldine Newton; Maria M. Rivera; Mary E. Miller; Gregory Luzak; Catherine Luzak; Fu-Zhen Xie; The Black Clergy of Philadelphia and Vicinity; Philadelphia Branch NAACP; Aspira, Inc. of Pennsylvania; Parents Union for Public Schools; Citizens Committee on Public Education In Philadelphia; Parents United for Better Schools; David W. Hornbeck; Floyd W. Alston; Board of Education of The School District of Philadelphia; The School District of Philadelphia; Edward G. Rendell; City of Philadelphia, Appellants
David Powell; Shelean Parks; Patrice Everage; Julia A. Davis; Yvette Bland; Geraldine Newton; Maria M. Rivera; Mary E. Miller; Gregory Luzak; Catherine Luzak; Fu-Zhen Xie; The Black Clergy of Philadelphia and Vicinity; Philadelphia Branch Naacp; Aspira, Inc. of Pennsylvania; Parents Union for Public Schools; Citizens Committee on Public Education in Philadelphia; Parents United for Better Schools, Inc.; David W. Hornbeck, Superintendent, The School District of Philadelphia; Floyd W. Alston, President, Board of Education of the School District of Philadelphia; Board of Education of the School District of Philadelphia; The School District of Philadelphia; Edward G. Rendell, Mayor, City of Philadelphia; City of Philadelphia
Philadelphia Federation of Teachers Local 3; Ted Kirsch, President, Guardian Ad Litem, Intervenors in D.C., Appellants
v.
Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania; James P. Gallagher, Chairperson, Commonwealth of Pennsylvania State Board of Education; Eugene W. Hickok, Secretary of Education; Barbara Hafer, Treasurer
Matthew J. Ryan; Robert C. Jubelirer; Jess M. Stairs; James J. Rhoades, Intervenors in D.C.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 9, 1999.
Decided August 25, 1999.
Attorney(s) appearing for the Case
Michael Churchill, Thomas K. Gilhool, Public Interest Law Center of Philadelphia, Philadelphia, PA; Patricia A. Brannan (Argued), Hogan & Hartson, Washington, D.C.; William T. Coleman, Jr.(Argued), Stephen J. Harburg, O'Melveny & Myers, Washington, D.C.; Stephanie L. Franklin-Suber, City Solicitor, Richard G. Feder, Jane Lovitch Istvan, City of Philadelphia, Law Department, Philadelphia, PA; James J. Rodgers, Lynn R. Rauch, Dilworth Paxson, Philadelphia, PA; Ralph J. Teti, Willig, Williams & Davidson, Philadelphia, PA, for Appellants.
Judith A. Winston, General Counsel, Bill Lann Lee, Acting Assistant Attorney General, Stephen Y. Winnick, Karl M. Lahring, Adina N. Kole, Department of Education, Dennis J. Dimsey, Seth M. Galanter, United States Department of Justice, Civil Rights Division, Washington, D.C., for United States as Amicus-Curiae in 98-2096.
Edward F. Mannino (Argued), J. Kevin Fee, Akin, Gump, Strauss, Hauer & Feld, Philadelphia, PA; Paul A. Tufano, General Counsel, Commonwealth of Pennsylvania, Office of General Counsel, Harrisburg, PA; Gregory E. Dunlap, Deputy General Counsel, Commonwealth of Pennsylvania, Office of General Counsel, Harrisburg, PA; James M. Sheehan, Chief Counsel, Joseph M. Miller, Assistant Counsel, Commonwealth of Pennsylvania, Department of Education, Harrisburg, PA; Robert J. Schwartz, Chief Counsel, Commonwealth of Pennsylvania, Treasury Department, Harrisburg, PA; John P. Krill, Jr. (Argued), Linda J. Shorey, David R. Fine, Jacqueline E. Jackson-DeGarcia, Kirkpatrick & Lockhart, Harrisburg, PA, for Appellees.
Before: SLOVITER and MANSMANN, Circuit Judges and WARD, District Judge
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SLOVITER, Circuit Judge.
Before us is an appeal by plaintiffs, including eleven parents of children who attend public schools in Philadelphia suing on their own behalf and that of their children (hereafter "school children"), from the order of the United States District Court for the Eastern District of Pennsylvania dismissing their complaint under Federal Rule of Civil Procedure 12. The complaint challenges the practices of the Commonwealth...
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