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TEAGUE v. COOPER

Nos. 12-2413, 12-2418.

720 F.3d 973 (2013)

Ron TEAGUE and Kathy Teague, on behalf of minor children T.T. and S.T.; Rhonda Richardson, on behalf of minor child A.R., Plaintiffs-Appellants/Cross-Appellees v. Jim COOPER, in his official capacity, et al., Defendants-Appellees/Cross-Appellants Arkansas Board of Education, et al., Defendants-Appellees Camden Fairview School District No. 16 of Ouachita County; El Dorado School District # 15, Union County, AR, Intervenors below-Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2013.

Attorney(s) appearing for the Case

Jess Askew, III , argued, Little Rock, AR, ( Andrew King of Little Rock, AR, Andrea L. Davis of Hot Springs, AR, on the brief), for Appellant.

Scott P. Richardson , Assistant Attorney General, argued, Little Rock, AR, for Appellees Bray, Gullett, Mays, Cooper, Ledbetter, Newton, AR Board of Education, Mahony, Saviers, the AR Department of Education, Black and Reith.

Allen P. Roberts , argued, Camden, AR, (Bill Brazil of Conway, AR, and David M. Fuqua and Whitney F. Moore of Little Rock, AR, on the brief), for Appellees Camden Fairview School District No. 16 of Ouachita County, El Dorado School District # 15 and Union County.

Christopher Heller , argued, Little Rock, AR, ( Clay Fendley and John C. Fendley, Jr. , of Little Rock, AR, on the brief), for Amicus party Little Rock School District.

Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.

LOKEN, Circuit Judge.

In the summer of 2010, Ron and Kathy Teague and Rhonda Richardson ("the Parents") applied to transfer their school-age children, who are white, from the racially heterogenous Malvern Public School District to the neighboring, majority-white Magnet Cove Public School District, pursuant to the Arkansas Public School Choice Act of 1989, Ark.Code Ann. § 6-18-206 ("the 1989 Act"). The applications were denied based on the race-related limitation...

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