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GAY LIB v. UNIVERSITY OF MISSOURI

No. 76-1656.

558 F.2d 848 (1977)

GAY LIB, Lawrence A. Eggleston, Individually and as an employee of the University of Missouri and as a member of the Executive Board of Gay Lib, Darrell Napton, Individually and as a graduate student of the University of Missouri and as a member of the Executive Board of Gay Lib, Sarah MacNamara, Individually and as an undergraduate student of the University of Missouri and as a member of the Executive Board of Gay Lib, and Doug Hudson, Individually and as an undergraduate student of the University of Missouri and as a member of the Executive Board of Gay Lib, Appellants, v. The UNIVERSITY OF MISSOURI, C. Brice Ratchford, Individually and as President of the University of Missouri, Irwin Fane, Pleasant R. Smith, Mrs. William C. Tucker, Howard Woods, William C. Myers, Jr., William F. Thompson, John S. Williamson and Van O. Williams, Individually and as members of the Board of Curators of the University of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1977.

As Amended on Denial of Rehearing August 8, 1977.

Attorney(s) appearing for the Case

Lawrence Kaplan, St. Louis, Mo., for appellants.

James S. Newberry, Columbia, Mo., for appellees; Jackson A. Wright, Marvin E. Wright and Ted D. Ayres, St. Louis, Mo., on brief.

Before LAY and WEBSTER, Circuit Judges, and REGAN, District Judge.

As Amended on Denial of Rehearing En Banc August 8, 1977.

LAY, Circuit Judge.

The issue before us is whether officials of a state university may lawfully withhold formal recognition of a student organization, comprised largely of homosexuals, whose basic purpose is to provide a forum for discussion about homosexuality. Gay Lib, an organization at the University of Missouri, and four of its members appeal from the...

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