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CARY v. BD. OF ED. ARAPAHOE SCH. DIST.

Nos. 77-1297, 77-1298.

598 F.2d 535 (1979)

Bob CARY, David Nykerk, Glenn Reed, Laurel Stonbraker and Lee Bridgeman, Plaintiffs-Appellants and Cross-Appellees, v. BOARD OF EDUCATION OF the ADAMS-ARAPAHOE SCHOOL DISTRICT 28-J, AURORA, COLORADO, Doyle K. Seawright, Douglas A. Johnson, DeWitte C. Gordon, and Glenna G. James, as members of the Board of Education of the Adams-Arapahoe School District 28-J, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 10, 1979.

Attorney(s) appearing for the Case

Charles W. Newcom, Denver, Colo. (Susan D. Proctor, Denver, Colo., with him on the brief), of the American Civil Liberties Union Foundation of Colo., Inc., Denver, Colo., for plaintiffs-appellants and cross-appellees.

Eugene F. McGuire, Denver, Colo. (Richard G. Caldwell and James L. White, Denver, Colo., with him on the brief), of Holland & Hart, Denver, Colo., for defendants-appellees and cross-appellants.

David M. Rabban, Washington, D. C. (Matthew W. Finkin, Dallas, Tex., of counsel), filed an amicus curiae brief for American Ass'n of University Professors.

Dennis E. Valentine, Colo. Ed. Ass'n, Englewood, Colo., Larry F. Hobbs, Denver, Colo., Michael H. Gottesman, Robert M. Weinberg and David M. Silberman, Washington, D. C., and David Rubin, N. E. A., Washington, D. C., filed an amicus curiae brief for N. E. A., Colo. Ed. Ass'n and Aurora Ed. Ass'n.

Jay W. Swearingen, Denver, Colo., filed an amicus curiae brief for the Colo. Ass'n of School Boards.

Before DOYLE and LOGAN, Circuit Judges, and STANLEY, Senior District Judge.

LOGAN, Circuit Judge.

This is an appeal from summary judgment denying relief in a declaratory judgment action which sought enforcement of claimed rights under the First and Fourteenth Amendments to the United States Constitution. The action was brought by five high school teachers who asserted their rights were violated when the Board of Education for the Adams-Arapahoe School District in Colorado (the board) banned ten books from use in the teachers' language arts...

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