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ROBINSON v. SHELBY COUNTY BD. OF EDUC.

Nos. 07-6076, 07-6363.

566 F.3d 642 (2009)

Claude Bernard ROBINSON and Julia D. Robinson, infant, by Melvin Robinson, their father and next friend, et al., Plaintiffs-Appellees, United States of America, Plaintiff-Intervenor-Appellee/Cross-Appellant, v. SHELBY COUNTY BOARD OF EDUCATION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 21, 2009.

Attorney(s) appearing for the Case

ARGUED: Valerie Barnes Speakman, Shelby County Schools, Memphis, Tennessee, for Appellant. April J. Anderson, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Valerie Barnes Speakman, Shelby County Schools, Memphis, Tennessee, for Appellant. April J. Anderson, United States Department of Justice, Washington, D.C., for Appellees.

GRIFFIN, J., delivered the opinion of the court, in which COOK, J., joined. MARBLEY, D.J. (pp. 657-72), delivered a separate dissenting opinion.

OPINION

GRIFFIN, Circuit Judge.

This appeal presents the final chapter in the court-ordered desegregation of the Shelby County, Tennessee, public school system, a process which began forty-five years ago. In 1963, plaintiff public school students1 filed this class action against defendant Shelby County Board of Education ("Board") alleging unconstitutional racial segregation in the Shelby County schools. In the ensuing period...

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