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.
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.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued February 27, 2001.
Decided September 21, 2001.
Attorney(s) appearing for the Case
ARGUED: Stephen Luke Largess, James Elliot Ferguson, II, 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: 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 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 WILKINSON, Chief Judge, and WIDENER, WILKINS, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, and GREGORY, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Affirmed in part and reversed in part by published opinions. A per curiam opinion announced the judgment of the court. Judge TRAXLER delivered the opinion of the court with respect to Parts I, II, IV, and V, in which Chief Judge WILKINSON and Judges WIDENER, WILKINS, NIEMEYER, and WILLIAMS joined, and an opinion with respect to Parts III and VI, in which Judges WILKINS and WILLIAMS joined. Chief Judge WILKINSON wrote an opinion concurring in part in which Judge NIEMEYER joined...
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