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GAMBINO v. FAIRFAX COUNTY SCHOOL BD.

No. 77-1326.

564 F.2d 157 (1977)

Gina GAMBINO, a minor by her next friend c/o Kinney & Smith, Lauren Boyd, a minor by her next friend c/o Kinney & Smith, Hayfield Secondary School Students, c/o Kinney & Smith, and Hayfield Farm News Staff, c/o Kinney & Smith, Appellees, v. FAIRFAX COUNTY SCHOOL BOARD, Rodney S. Page, Mary Anne Lecos, Anthony T. Lane, Frank M. Alston, Ruth H. Dell, Nancy Falck, Robert G. Hunt, Ann Kahn, John J. Caussin, Robert E. Smith, S. John David, and Doris Torrice, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 17, 1977.

Attorney(s) appearing for the Case

Thomas J. Cawley, Fairfax, Va. (William E. Donnelly, III, McCandlish, Lillard, Bauknight, Church & Best, Fairfax, Va., on brief), for appellants.

Michael S. Shelton, Richmond, Va. (Christopher B. Fager, Washington, D. C., James W. Korman, Arlington, Va., on brief), for appellees.

Before WINTER, BUTZNER and RUSSELL, Circuit Judges.

PER CURIAM:

The Fairfax County School Board appeals the district court's order enjoining it from banning the publication of portions of an article about birth control in a school newspaper, The Farm News.* The Board's major contentions are that (1) the first amendment does not apply to The Farm News because it is an in-house organ of the school system, funded and sponsored by the Board,

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