Board of Education v. Missouri National ( 1997 )

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, * Appealby from the United States Samuel Yarber, his father and * next District Court for the friend; Samuel Yarber; Earline * Eastern Caldwell; District of 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 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 2 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;* * 3 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 appeals the decision of the district court denying tenure protection to teachers formerly employed by the Special School District of St. Louis County and to be employed by the St. Louis Career Education District. In light of the opinion filed today in consolidated appeals numbers 96- 2881, 96-3259, 96-3265, 96-3267, 96-3885, 97-1736, 97- 1737, 97-1760, and 97-2378, we remand this matter to the district court to consider with the consolidated cases and to enter an order after making findings of fact and conclusions of law. 4 A true copy. Attest. CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. 5