BELK v. CHARLOTTE-MECKLENBURG BD. OF EDUC.

Nos. 99-2389, 992391.

211 F.3d 853 (2000)

Terry BELK; Dwayne Collins, on behalf of themselves and the class they represent, Plaintiffs-Appellants; William Capacchione, Individually and on behalf of Christina Capacchione, a minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-Appellees, v. The CHARLOTTE-MECKLENBURG BOARD OF EDUCATION; Eric Smith, Superintendent, in his official capacity; Arthur Griffin, Chairman of the Charlotte-Mecklenburg School Board, in his official capacity, Defendants, United States of America, Amicus Curiae. William Capacchione, Individually and on behalf of Christina Capacchione, a minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-Appellees; and Terry Belk; Dwayne Collins, on behalf of themselves and the class they represent, Plaintiffs, v. The Charlotte-Mecklenburg Board Of Education; Eric Smith, Superintendent, in his official capacity; Arthur Griffin, Chair of the Charlotte-Mecklenburg School Board, in his official capacity, Defendants-Appellants, United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

May 8, 2000.


ORDER

Plaintiffs-appellees filed a petition for an initial hearing en banc. A member of the court requested a poll on whether this case should be heard initially en banc. A majority of the judges in active service voted that it should not be heard initially en banc.

Chief Judge Wilkinson and Judges Widener, Murnaghan, Niemeyer, Michael, Motz, Traxler, and King voted to deny initial en banc hearing. Judges Wilkins, Luttig, and Williams voted to grant initial...

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