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JENKINS EX. REL. JENKINS v. STATE OF MO.

Nos. 00-1048, 00-1288.

205 F.3d 361 (2000)

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-Appellants American Federation of Teachers, Local 691, Intervenor-Appellee 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 School District of Kansas City; Benjamin Demps, Jr., Superintendent, School District of Kansas City, Missouri; John A. Rios, School Board President; Patricia Kurtz, School Board Member; Lee Barnes, Jr., School Board Member; Lance Loewenstein, School Board Member; Sandy Aguire Mayer, School Board Member; Elma Warrick, School Board Member; Fifi Bliss Weideman, School Board Member, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 29, 2000.

Rehearing Granted; Opinion and Judgment Vacated and Mandate Recalled April 21, 2000.

Attorney(s) appearing for the Case

Arthur A. Benson II, Kansas City, Missouri, argued (Jamie Kathryn Lansford, on the brief), for appellants.

Mark A. Thornhill, Kansas City, Missouri, argued (Michael F. Delaney, Terry W. Schackmann, Michael C. Leitch, Taylor Fields, Charles Brown, and David Naatz, on the brief), for appellees.

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

Rehearing En Banc Granted; Opinion and Judgment Vacated and Mandate Recalled April 21, 2000.

JOHN R. GIBSON, Circuit Judge.

The Jenkins class, representing the children of the Kansas City, Missouri School District in this school desegregation case, has appealed the district court's order declaring the district unitary and dismissing the case with prejudice. The order followed a hearing set by the court to consider KCMSD's amended motion for equitable relief...

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