United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 97-2087

Michael C. Liddell, a minor, by * Minnie Liddell, his mother and next * friend; Kendra Liddell, a minor, * by Minnie Liddell, her mother and next * friend; Minnie Liddell; Roderick D. * LeGrand, a minor, by Lois LeGrand, * his mother and next friend; Lois * LeGrand; Clodis Yarber, a minor, by * Appeal from the Unite d States Samuel Yarber, his father and next * Disrict Court for the friend; Samuel Yarber; Earline Caldwell; * Eastern District o f Missouri. Lillie Caldwell; Gwendolyn Daniels; * National Association for the * [PUBLISHED] Advancement of Colored People; * United States of America; City of St. * Louis; *

* Plaintiffs; *

*

v. * * The Board of Education of the City of * St. Louis; Hattie R. Jackson, President, * Board of Education of the City of St. * Louis; Rev. Earl E. Nance, Jr., a * member of the Board of Education of * the City of St. Louis; Renni B. Shuter, * a member of the Board of Education; * of the City of St. Louis; Paula V. * Smith, a member of the Board of Educa- * tion of the City of St. Louis; Dr. Albert *2

D. Bender, Sr., a member of the Board * of Education of the City of St. Louis; * Eddie G. Davis, a member of the Board * of Education of the City of St. Louis; * Dr. John P. Mahoney, a member of the * Board of Education of the City of St. * Louis; Marybeth McBryan, a member * of the Board of Education of the City * of St. Louis; Thomas M. Nolan, a * member of the Board of Education of * the City of St. Louis; William Purdy, a * member of the Board of Education of * the City of St. Louis; Robbyn G. Wahby, * a member of the Board of Education of * the City of St. Louis; Madye Henson * Whithead, a member of the Board of * Education of the City of St. Louis; * Dr. Cleveland Hammonds, Jr., Super- * intendent of Schools for the City of St. * Louis; *

* Defendants-Appellees; *

* Ronald Leggett, St. Louis Collector of * Revenue; State of Missouri; Mel * Carnahan, Governor of the State of * Missouri; Jeremiah (Jay) W. Nixon, * Attorney General; Bob Holden, * Treasurer; Richard A. Hanson, * Commissioner of Administration; * Robert E. Bartman, Commissioner of * Education; Missouri State Board of * Education, and its members; Thomas R. * Davis; Sharon M. Williams; Peter * Williams; Peter F. Herschend; * Jacqueline E. Wellington; Betty E. * Preston; Russell V. Thompson; Rice *3

Pete Burns; Special School District of * St. Louis County; Affton Board of * Education; Bayless Board of Education; * Brentwood Board of Education; * Clayton Board of Education; Ferguson- * Florissant Board of Education; Hancock * Place Board of Education; Hazelwood * Board of Education; Jennings Board * of Education; Kirkwood Board of * Education; LaDue Board of Education; * Lindbergh Board of Education; * Maplewood-Richmond Heights Board * of Education; Mehlville Board of * Education; NormandyBoard of * Education; Parkway Board of * Education; Pattonville Board of Educa- * tion; Ritenour Board of Education; * Riverview Gardens Board of Education; * Rockwood Board of Education; * University City Board of Education; * Valley Park Board of Education; * Webster Groves Board of Education; * Wellston Board of Education; St. Louis * County; Buzz Westfall, County * Executive; James Baker, Director of * Administration, St. Louis County, * Missouri; Robert H. Peterson, Collector * of St. Louis County "Contract Account," * St. Louis County, Missouri; *

* Defendants; *

* The St. Louis Career Education * District; *

* Defendant-Appellee; *

*4

St. Louis Teachers' Union, Local 420, * AFT, AFL-CIO; *

* Intervenor Below; *

* Missouri National Education * Association; *

* Intervenor Below-Appellant. *

Submitted: July 17, 1997

Filed: August 6, 1997

Before MCMILLIAN, HEANEY, and FAGG, Circuit Judges.

PER CURIAM.

The Missouri National Education Association appeal s the decision of the district court denying tenur e prot ection to teachers formerly employed by the Specia l School District of St. Louis County and to be employed by the St. Louis Career Education District. In light of the opin ion filed today in consolidated appeals numbers 96

- 2881, 96-3259, 96-3265, 96-3267, 96-3885, 97-1736, 97

- 1737, 97-1 760, and 97-2378, we remand this matter to the dist rict court to consider with the consolidated case s and t o enter an order after making findings of fact an d conclusions of law.5

A true copy.

Attest.

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT

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