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; North Carolina School Boards Association; National School Boards Association, Amici 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, Chairman of the Charlotte-Mecklenburg School Board, in his official capacity, Defendants-Appellants.
United States of America; North Carolina School Boards Association; National School Boards Association, Amici 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, Chairman of the Charlotte-Mecklenburg School Board, in his official capacity, Defendants-Appellants.
v.
United States of America, Amici 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, Chairman of the Charlotte-Mecklenburg School Board, in his official capacity, Defendants-Appellants.
United States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: June 7, 2000.
Decided: November 30, 2000.
Rehearing Granted; Opinion Vacated January 17, 2001.
Attorney(s) appearing for the Case
ARGUED: Stephen Luke Largess, FERGUSON, STEIN, WALLAS, ADKINS, GRESHAM & SUMTER, P.A., Charlotte, North Carolina; John W. Borkowski, HOGAN & HARTSON, L.L.P., Washington, D.C., for Appellants.
Allan Lee Parks, PARKS, CHESIN & MILLER, P.C., Atlanta, Georgia, for Appellees.
ON BRIEF: James E. Ferguson, II, John W. Gresham, C. Margaret Errington, FERGUSON, STEIN, WALLAS, ADKINS, GRESHAM & SUMTER, P.A., Charlotte, North Carolina; Elaine R. Jones, Director-Counsel, Norman J. Chachkin, Gloria J. Browne, NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC., New York, New York; Allen R. Snyder, Maree Sneed, HOGAN & HARTSON, L.L.P., Washington, D.C.; James G. Middlebrooks, Irving M. Brenner, Amy Rickner Langdon, SMITH, HELMS, MULLISS & MOORE, L.L.P., Charlotte, North Carolina; Leslie J. Winner, General Counsel, CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, Charlotte, North Carolina, for Appellants.
Kevin V. Parsons, PARKS, CHESIN & MILLER, P.C., Atlanta, Georgia; John O. Pollard, McGUIRE, WOODS, BATTLE & BOOTHE, Charlotte, North Carolina; William S. Helfand, MAGENHEIM, BATEMAN, ROBINSON, WROTENBERY & HELFAND, Houston, Texas; Thomas J. Ashcraft, Charlotte, North Carolina, for Appellees.
Bill Lann Lee, Acting Assistant Attorney General, Mark L. Gross, Rebecca K. Troth, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus Curiae United States. Michael Crowell, Lisa Lukasik, THARRINGTON SMITH, L.L.P., Raleigh, North Carolina; Allison B. Schafer, General Counsel, NORTH CAROLINA SCHOOL BOARDS ASSOCIATION, Raleigh, North Carolina; Julie K. Underwood, General Counsel, NATIONAL SCHOOL BOARDS ASSOCIATION, Alexandria, Virginia, for Amici Curiae Associations.
Before MOTZ, TRAXLER, and KING, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Rehearing En Banc Granted; Opinion Vacated January 17, 2001.
Affirmed in part, reversed in part, vacated in part, and remanded by published opinion. Judge MOTZ and Judge KING wrote the opinion. Judge TRAXLER wrote a concurring and dissenting opinion.
OPINION
DIANA GRIBBON MOTZ & ROBERT BRUCE KING, Circuit Judges:
Since 1954, the school boards throughout this country, including the Charlotte-Mecklenburg Board of Education, have been operating...
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