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KNIGHTS OF K. K. K., ETC. v. EAST BATON ROUGE, ETC.

No. 76-2801.

578 F.2d 1122 (1978)

KNIGHTS OF the KU KLUX KLAN, REALM OF LOUISIANA, Plaintiff-Appellant, v. EAST BATON ROUGE PARISH SCHOOL BOARD et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 25, 1978.

Attorney(s) appearing for the Case

Lawrence R. Anderson, Jr., Baton Rouge, La., John Reed, Gen. Counsel, ACLU of La., New Orleans, La., for plaintiff-appellant.

John F. Ward, Jr., Baton Rouge, La., for East Baton Rouge Parish School Bd.

Robert S. Leake, Asst. U. S. Atty., Baton Rouge, La., William H. Taft, IV, Gen. Counsel, George Lyon, Atty., Arline Mendelson, Dept. of H. E. W., Drew S. Days, III, Asst. Atty. Gen., Civ. Rights Div., Dept. of Justice, Washington, D. C., for U. S. Dept. of Health, Ed. and Welfare.

Before TUTTLE, GEE and FAY, Circuit Judges.

GEE, Circuit Judge:

As of November 1975, defendant East Baton Rouge Parish School Board (Board) maintained a standing policy of allowing outside organizations to use school facilities for meetings and gatherings during nonschool hours. Permission was granted on a first-come, first-serve basis, on condition of a modest rental and the payment of any overtime custodial or janitorial expenses occasioned. In granting permission for such use, no distinction between applicants...

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