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They ask this Court to modify its February 13, 1981, opinion "to reflect the fact that paragraph 12(c) of Judge Meredith's order of was amended by him on 17 September 1980, and that proceedings now pending in the district court may moot the controversy over paragraph 12(c)." In subdivision III of this order, we have denied the State of Missouri's motion for a stay of mandate or stay of enforcement of the district court's paragraph 12 orders. The location of these magnet schools should be determined by agreement between the St. Charles Counties shall also be included for use of magnet schools to be located in St. The State of Missouri shall report back to the Court on March 2, 1981 as to those districts in St. Charles Counties that are willing to participate in the plan and those that are not willing to participate in the plan.
Wentz(Superintendent of Schools), Appellees,and The State of Missouri, Arthur Mallory, Commissioner of Education of the State of Missouri, The State of Missouri Board of Education, Appellant. More precisely, the State argues that this Court did not overrule the district court's earlier finding of non-liability on the part of the State. These statements amount to a clear reversal of the district court's findings concerning the liability of the State, and the State has chosen not to seek review of that decision in the Supreme Court. As an alternative argument, the State contends that, even if it was proper to require it to fund part of the plan, it has been ordered to pay too great a share.
Mahan, Charles Brasfield (School District Superintendent) and Robert E. Under these circumstances, we are unwilling to hold that the district court erred by failing to expressly order the United States to pay for part of the desegregation plan. The State of Missouri vigorously contends that it should have no part in paying for the costs of integration because its actions did not violate the Constitution.
We agree that all parties are entitled to know of the advice given the court by the Committee. Milliken, 620 F.2d 1143, 1156-1158 (6th Cir.), cert. At that time, the district court was operating under a stringent time schedule, mandated by this Court, requiring that the plan be implemented by the beginning of the 1980-1981 school year.
The Caldwell appellants' second objection to the Monitoring Committee is that the district court erred in expressly authorizing ex parte, oral communication between the court and the Monitoring Committee chairperson and vice chairperson. The Caldwell plaintiffs' motion to amend was filed on May 23, 1980, one week after the district court concluded evidentiary hearings on the proposed desegregation plans.
No action has or will be taken until a hearing has been held during which the (Special District) will have ample opportunity to be heard. While the results disclosed in the Updating Report of the St.
Louis would result in no prejudice to the legal rights of the Special District: This Court emphasizes that a 12(b) plan has merely been filed with the Court as required by Judge Meredith's order of May 21, 1980. In particular, they are directed to establish close liaison procedures and prepare concrete and specific proposals involving the county school districts and evaluate all other reasonable proposals, including any from county districts, and intensify their joint efforts. We express no opinion as to the merits of the issues to be heard by Judge Hungate. United States, 620 F.2d 1277 (8th Cir.) (en banc), cert. One of the subjects to be considered for voluntary cooperation between the City and the suburban school districts, shall be the study of the feasibility of establishing magnet schools located in suburban districts with attendance open to students of both the suburbs and the City. (Emphasis included.) Judge Hungate has now set May 11, 1981, as the hearing date for questions involving the Special District, and he has established a discovery and briefing schedule designed to facilitate resolution of the issues and provide the parties with full opportunity to be heard. Louis Board of Education of September 11, 1980 are encouraging and represent some tangible achievements, a great deal more should be accomplished. In affirming the district court's refusal to grant relief against the United States, we are mindful of the significant financial role played by the federal government in implementing the St. In its order approving the plan, the district court expressly recognized that a substantial portion of the funding for integration would come from the United States government. Apparently, this direction was heeded since the St. Given this need to expedite approval and implementation of the plan and the likely delay attendant in adding new theories of liability against a new defendant, we hold that the district court did not abuse its discretion in refusing to grant the Caldwell group's motion to amend at that time. Louis, Missouri,and Earline Caldwell, Lillie Caldwell, Denise Daniels, Dwane Daniels, Gwendolyn Daniels, Cedric Williams, Stephanie Williams, Gloria Williams, Janis Hutcherson, Lee Hutcherson, Robert Smith, Eddie S. The record shows, however, that two of the twelve Monitoring Committee members, including the vice chairperson, were originally nominated for the Citizens' Committee by the Caldwell group. If oral contact is deemed necessary by the district court, the parties should, where possible, be given notice and opportunity to be present when the oral report is received.