Ann Macdonald and Carl Jason, Appellants, v. Ferguson Reorganized School District R-2 and Board Ofeducation Members. Dr. Ray Howell; Joseph Wells;dallas Imbeaux; Carol Barnes; Jamespoor; Edward W. Wilhelms, Appellees

United States Court of Appeals, Eighth Circuit. - 711 F.2d 80

Submitted May 16, 1983.Decided June 15, 1983

Donald L. McCullin, St. Louis, Mo., for appellants.

Frank Susman, Norman C. Parker, Andrew A. Rimmel, Susman, Schermer, Rimmel & Parker, St. Louis, Mo., for appellees.

Appeal from the United States District Court for the Eastern District of Missouri; H. Kenneth Wangelin, U.S.D.C., Judge.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON and FAGG, Circuit Judges.

PER CURIAM.

1

The judgment of the district court is affirmed by an equally divided court.

2

LAY, Chief Judge, and HEANEY, McMILLIAN and FAGG, Circuit Judges, would reverse and remand.