BELK v. CAPACCHIONE

No. 99-2389.

274 F.3d 814 (2001)

Terry BELK; Dwayne Collins, on behalf of themselves and the class they represent, Plaintiffs-Appellants, v. 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 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. United States of America; North Carolina School Boards Association; National School Boards Association, 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, 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.

December 14, 2001.


ORDER

The Grant-Intervenors-Appellees and the Capacchione-Intervenor-Appellee each filed a motion to reconsider the issue of attorneys' fees and a motion to stay the mandate pending resolution of the motion to reconsider. The motion to reconsider is denied by a vote of 6-5 (Chief Judge Wilkinson and Judges Niemeyer, Michael, Motz, King, and Gregory in the majority). The motions to reconsider effectively stayed the mandate, but that stay is now lifted. Chief Judge...

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