Ronda EVERETT; Melissa Grimes; Sutton Caroline; Christopher W. Taylor, next friends of minor children attending Pitt County Schools; The Pitt County Coalition for Educating Black Children, Plaintiffs-Appellants,
and
Juvenile Female 1; The Greenville Parents Association, Intervenors/Plaintiffs,
v.
The PITT COUNTY BOARD OF EDUCATION, public body corporate, Defendant-Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 26, 2012.
Decided: May 7, 2012.
Attorney(s) appearing for the Case
ARGUED: Mark Dorosin , University of North Carolina Center for Civil Rights, Chapel Hill, North Carolina, for Appellants. Kenneth Alexander Soo , Tharrington Smith, LLP, Raleigh, North Carolina, for Appellee. ON BRIEF: Elizabeth Haddix , University of North Carolina Center for Civil Rights, Chapel Hill, North Carolina, for Appellants. Deborah R. Stagner , Tharrington Smith, LLP, Raleigh, North Carolina, for Appellee.
Vacated and remanded by published opinion. Judge WYNN wrote the majority opinion, in which Judge DIAZ concurred. Judge NIEMEYER wrote a dissenting opinion.
United States Court of Appeals, Fourth Circuit.
OPINION
WYNN, Circuit Judge:
In 2010, Appellants1 unsuccessfully sought to enjoin the implementation of the 2011-2012 student assignment plan ("2011-2012 Assignment Plan") by the Pitt County Board of Education ("School Board" or "Appellee"2). On appeal, Appellants argue that the district court committed legal error by failing to apply, and requiring the School Board to rebut, a presumption that racial...
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