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P.A.C.E. v. KANSAS CITY MISSOURI SCHOOL DIST.

No. 06-3318.

516 F.3d 1074 (2008)

P.A.C.E., Movant Below, Chinyere Jenkins, Plaintiff-Appellee, v. KANSAS CITY MISSOURI SCHOOL DISTRICT; American Federation of Teachers, Defendants-Appellees, State Defendants, Defendant-Appellant, Linwood F. Tauheed; Missouri Charter Public School Association, Intervenor Defendant Below.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2008.

Attorney(s) appearing for the Case

Alana Barragan-Scott, Assistant Attorney General, argued, Jefferson City, MO, for appellant.

Arthur Benson II, argued, Kansas City, MO, for Jenkins and John Borkowski, argued, South Bend, IN, for Kansas City School District, Jamie Lansford, Fred Wickham, Brian P. Wood, Maurice A. Watson, Kirsten Byrd and Hayley E. Hanson, Kansas City, MO, and Patricia A. Brannan and Joshua I. Civin, Washington, DC, on the brief.

Before RILEY, BOWMAN, and SMITH, Circuit Judges.

BOWMAN, Circuit Judge.

This appeal arises out of the court-supervised desegregation of the Kansas City, Missouri, School District ("the District" or "the KCMSD"), which began with the filing of a lawsuit in 1977. Although the District was declared unitary and released from court supervision in 2003, some parties to the desegregation suit filed a motion in the District Court1 on February 22, 2006, asking the court to exercise ancillary...

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