# Belk v. Board of Education

> Court of Appeals for the Fourth Circuit · December 14, 2001 · 274 F.3d 814

URL: https://www.frixlaw.com/law-library/cases/9813188

## Case

- **Full name:** Terry BELK; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs-Appellants, 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, Plaintiffs-Appellees, and the Charlotte-Mecklenburg Board of Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-Mecklenburg School Board, in His Official Capacity, Defendants. 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, Plaintiffs-Appellees, and Terry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs, v. the Charlotte-Mecklenburg Board of Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-Mecklenburg School Board, in His Official Capacity, Defendants-Appellants. 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, Plaintiffs-Appellees, and Terry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs, v. the Charlotte-Mecklenburg Board of Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-Mecklenburg School Board, in His Official Capacity, Defendants-Appellants. United States of America; North Carolina School Boards Association; National School Boards Association, Amicus 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, Plaintiffs-Appellees, and Terry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs, v. the Charlotte-Mecklenburg Board of Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-Mecklenburg School Board, in His Official Capacity, Defendants-Appellants. United States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** December 14, 2001
- **Citations:** 274 F.3d 814; 2001 U.S. App. LEXIS 26592
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Wilkinson, Traxler, Widener, Wilkins
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9813188

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9813188. Public record. Not legal advice.