Terry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs-appellants,william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees, v. the Charlotte-mecklenburg Board of Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae.william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees,andterry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs, v. the Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants-appellants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae.william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees,andterry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs, v. the Charlotte-mecklenburg Board of Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants-appellants. v. United States of America, Amici Curiae.william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees,andterry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs, v. the Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants-appellants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae, 233 F.3d 232 (4th Cir. 2000)

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US Court of Appeals for the Fourth Circuit - 233 F.3d 232 (4th Cir. 2000) Argued: June 7, 2000. Decided: November 30, 2000

NOTE: THE COURT HAS VACATED THIS OPINION. SEE OPINION AT 269 F.3d 305.