Smith v. Jefferson County Board of School Commissioners

MOORE, J., delivered the opinion of the court, in which MARTIN, BOGGS, COLE, *202CLAY, GILMAN, GIBBONS, SUTTON, McKEAGUE, GRIFFIN, and WHITE, JJ., joined. MARTIN, J. (pp. 29-31), joined by Judge MOORE, and SUTTON, J. (pp. 32-35), delivered separate opinions concurring in full in the majority opinion.

BATCHELDER, C.J. (pp. 36-40), delivered a separate opinion concurring in part and dissenting in part. ROGERS, J. (pp. 41-46), delivered a separate dissenting opinion, in which COOK and KETHLEDGE, JJ., joined and in which BATCHELDER, C.J., joined in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

The…