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HOLTON v. CITY OF THOMASVILLE SCHOOL DISTRICT

No. 06-12984.

521 F.3d 1318 (2008)

Shernika HOLTON, Spencer Wilson, Sandra McIntyre, Mary Hill, Willie Mae Lewis, Sharon Bostick, The Thomas County Branch of the NAACP, Gladys Shotwell, Audrey Linder, Lisa Webb, Jennifer Hightower, Evelyn Wilkerson, Plaintiffs-Appellants, v. CITY OF THOMASVILLE SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 27, 2008.

Attorney(s) appearing for the Case

Thomas J. Henderson, Derek W. Black, Lawyers' Committee for Civ. Rights Under Law, Washington, DC, for Plaintiffs-Appellants.

Paul R. Dieseth, Dorsey & Whitney, LLP, Minneapolis, MN, Jerry A. Lumley, Lumley & Howell, LLP, Macon, GA, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, and TJOFLAT and GIBSON, Circuit Judges.

PER CURIAM:

Briefly stated, we, in our more recent opinion (490 F.3d 1257) in this case, affirmed the District Court's decision dealing with whether the school district's use of ability grouping either presently discriminates intentionally against black students or reflects — per the McNeal decision — the present result of past unlawful segregation in the district.

Plaintiffs say, in part, that we were...

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