Rivarde ex rel. Rivarde v. Missouri

JOHN R. GIBSON, Circuit Judge.

This is an appeal from an order of the district court1 dismissing appellants’ complaint on procedural grounds. The district court held that appellants were not entitled to bring a separate lawsuit seeking modification of a desegregation decree in a pending class action, and instead, must file a motion to intervene in the pending class action. On appeal, appellants contend that they are entitled to maintain an independent action and request this court to determine the issues of law presented in their *642complaint. We affirm the dismissal by the district court.

Appellan…