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MOORE v. DETROIT SCHOOL REFORM BD.

No. 00-2334.

293 F.3d 352 (2002)

Helen MOORE, et al., Plaintiffs-Appellants, v. DETROIT SCHOOL REFORM BOARD; David Adamany; Dennis W. Archer, Mayor of the City of Detroit, and John Engler, Governor of the State of Michigan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 12, 2002.

Rehearing and Suggestion for Rehearing Denied August 9, 2002.

Attorney(s) appearing for the Case

George B. Washington (argued and briefed), Miranda K.S. Massie (briefed), Scheff & Washington, Detroit, MI, for Plaintiffs-Appellants.

Richard J. Seryak (briefed), Jerome R. Watson (argued and briefed), George E. Bushnell, Jr., Miller, Canfield, Paddock & Stone, Detroit, MI, Thomas R. Wheeker (argued and briefed), Office of the Attorney General, Tort Defense Division, Lansing, MI, for Defendants-Appellees.

John F. Royal (briefed), Detroit, MI, Michael J. Steinberg (briefed), Kary L. Moss (briefed), American Civil Liberties Union Fund of Michigan, Detroit, MI, for Amici Curiae.

Before: MERRITT, SUHRHEINRICH, and GILMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 9, 2002.

GILMAN, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. MERRITT, J. (pp. 372-73), delivered a separate concurring opinion.

OPINION

GILMAN, Circuit Judge.

Five citizens of Detroit and ten organizations representing students, teachers, and other residents of the city brought this lawsuit to challenge the validity of the Michigan School Reform Act...

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