Belk v. Board of Education

274 F.3d 814, 2001 U.S. App. LEXIS 26592
Court of Appeals for the Fourth Circuit·Decided December 14, 2001·No. 99-2389·Published·Cited by 1 cases

Opinions

ORDER

The Grant-Intervenors-Appellees and the Capacchione-Intervenor-Appellee each filed a motion to reconsider the issue of attorneys’ fees and a motion to stay the mandate pending resolution of the motion to reconsider. The motion to reconsider is denied by a vote of 6-5 (Chief Judge Wilkinson and Judges Niemeyer, Michael, Motz, King, and Gregory in the majority). The motions to reconsider effectively stayed the mandate, but that stay is now lifted. Chief Judge Wilkinson filed an opinion concurring in the denial of rehearing. Judge Traxler filed an opinion dissenting from the denial of rehearing in which Judges Widener and Wilkins joined.

The motion of the Belk plaintiffs for a stay of the mandate is denied.

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Belk v. Board of Education, 274 F.3d 814, 2001 U.S. App. LEXIS 26592 (4th Cir. 2001).

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Related

Terry Belk Dwayne Collins, on Behalf of Themselves and the Class They Represent v. 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, and 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, 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, and Terry Belk Dwayne Collins, on Behalf of Themselves and the Class They Represent 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, 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, and Terry Belk Dwayne Collins, on Behalf of Themselves and the Class They Represent 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, 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, and Terry Belk Dwayne Collins, on Behalf of Themselves and the Class They Represent 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, United States of America North Carolina School Boards Association National School Boards Association, Amici Curiae
274 F.3d 814 (Fourth Circuit, 2001)