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There is nothing inconsistent about paragraphs 12(a) and 12(c), and both are valid parts of the district court's order. A joint report on the status and results including the availability of technical assistance and funding of this effort should be given to the Court by the United States, the State defendants, and the St. Pursuant to (this) paragraph * * *, the State of Missouri and particularly the State Board of Education and the Commissioner of Education of the State of Missouri shall submit a new Plan of voluntary and cooperative desegregation on or before February 2, 1981. Louis, including the race and grade of those students. The State of Missouri distinguishes the cases cited by the appellees by noting that the school board in each of those cases was ordered to prepare a remedy consistent with its judicially determined constitutional liability. In that subdivision, we acknowledge the amendments made by the district court; we see no need to further modify our opinion of February 13, 1981. We deny the motion to stay our mandate or to stay enforcement of the district court's orders and adhere to our most recent pronouncement concerning the State's legal responsibilities for the prompt desegregation of the St. Louis Board of Education and the suburban school districts involved. Louis Board of Education will investigate the availability of funding for this program. The report of March 2, 1981 shall include the number of students that each district is willing to receive and those that they desire to send outside of their district, either to magnet schools in the County or in the City of St. 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.

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Louis, Missouri, Appellants,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. In addition, it argues that the desegregation plan budget is inflated and that the State's portion of the funding is too great as a result. After reviewing the discriminatory action and inaction of the State of Missouri, the district court concluded that "the State defendants stand before this Court as primary constitutional wrongdoers who have abdicated their affirmative remedial duty." 491 F. It was well within the discretion of the district court, therefore, to order the State to pay one-half of the costs of integrating the St. The State's complaints about the desegregation plan budget are that it includes items that are not properly considered part of the integration process and that certain savings were not taken into account.

Mayer (Vice President), Lawrence Moser, Charles Harris, and Julius C. Craton LIDDELL, a Minor, by Minnie Liddell, his Mother and Next Friend, and Minnie Liddell; Joanna Goldsby, a Minor, by Barbara Goldsby, her Mother and Next Friend, and Barbara Goldsby; Deborah Yarber, a Minor, by Samuel Yarber, her Father and Next Friend, and Samuel Yarber; Nathalie Moore, a Minor, by Louise Moore, her Mother and Next Friend, and Louise Moore; Rachelle Le Grand, a Minor, by Lois Le Grand,her Mother and Next Friend, and Lois Le Grand, on behalf ofthemselves and all other school-age children and theirparents residing in the metropolitan school district of the City of St. Thus, the State asserts, the district court was precluded on remand from finding the State to be a constitutional violator. In our March 3 opinion, we specifically recognized the causal relationship between the actions of the State of Missouri and the segregation existing in the St. Furthermore, we expressly directed the district court to apportion the costs of the desegregation plan among the defendants. At the very least, our opinion left the district court free to review its earlier conclusions. The State maintains that the amount it has been ordered to pay is not commensurate with the degree of its constitutional violation. This conclusion has ample support in the record; as noted, we recognized as much in the prior appeal.

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.

Mayer (Vice President), Lawrence Moser, Charles Harris, and Julius C. Craton LIDDELL, a Minor, by Minnie Liddell, his Mother and Next Friend, and Minnie Liddell; Joanna Goldsby, a Minor, by Barbara Goldsby, her Mother and Next Friend, and Barbara Goldsby; Deborah Yarber, a Minor, by Samuel Yarber, her Father and Next Friend, and Samuel Yarber; Nathalie Moore, a Minor, by Louise Moore, her Mother and Next Friend, and Louise Moore; Rachelle Le Grand, a Minor, by Lois Le Grand,her Mother and Next Friend, and Lois Le Grand, on behalf ofthemselves and all other school-age children and theirparents residing in the metropolitan school district of the City of St. The Caldwell plaintiffs assert that they are not adequately represented on this new committee. The best practice would be to reduce to writing all communications between the court and the Committee, make them part of the record, and provide them to counsel for the parties.

Louis, Janice Adams and Jack Adams, Jr., Minors, by Jerrianne Adams, their Natural Guardian and Next Friend, and Jerrianne Adams; Catherine M. Neel, Minors, by Catherine Neel, their Natural Guardian and Next Friend, and Catherine Neel; Mary Edington and Susan Edington, Minors, by Horace Edington, their Natural Guardian and Next Friend, and Horace Edington, The Concerned Parents for Neighborhood Schools,and Mary Puleo, Gerard Puleo, Emma Dannenberg, Robin Dannenberg, Louis Reineri and Mary Anjela Reineri,representing the "Involved Citizens Committee"United States of America, Appellee,v. In light of these facts, no abuse of discretion has been demonstrated. Under all the circumstances of this case, we find no abuse of discretion.