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KNIGHT v. ALABAMA

No. 05-11527.

476 F.3d 1219 (2007)

John F. KNIGHT, Jr., et al., Intervenor-Plaintiffs-Appellants, v. ALABAMA, State of, Alabama A & M University (AAMU), Alabama State Board of Education, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 31, 2007.

Attorney(s) appearing for the Case

James U. Blacksher, Birmingham, AL, for Appellants.

John B. Tally, Jr., Adams & Reese/Lange Simpson, LLP, W. Braxton Schell, Jr., Robert D. Hunter, Altec, Inc., Birmingham, AL, Edward M. George, Jeffery A. Foshee, Foshee & George, L.L.C., Reginald L. Sorrells, Larry E. Craven, Darnell Delacey Coley, State of AL, Dept. of Educ., Solomon S. Seay, Jr., Montgomery, AL, Randall M. Woodrow, Doster & Woodrow, Anniston, AL, Armand Georges Derfner, Derfner, Altman & Wilborn, LLC, Charleston, SC, Fred D. Gray, Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee, AL, Norma Mungenast Lemley, University of Al. System/Office of Counsel, Tuscaloosa, AL, for Appellees.

Robert D. Segall, Copeland, Franco, Screws & Gill, Mark Sabel, Sabel & Sabel, P.C., Montgomery, AL, for Amicus Curiae.

Before EDMONDSON, Chief Judge, and HILL and KRAVITCH, Circuit Judges.

HILL, Circuit Judge:

Plaintiffs claim that certain tax provisions of the Alabama Constitution violate the United States Constitution. They assert that these tax provisions so seriously underfund public education in Alabama that they have a segregative effect on Alabama's colleges and universities. The district court denied the claim, and this appeal followed.

I.

This case was filed in 1981, claiming that the State of Alabama had failed to complete...

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