McCANN v. FORT ZUMWALT SCHOOL DIST.

No. 4:98CV1790 RWS.

50 F.Supp.2d 918 (1999)

Mike McCANN, et al., Plaintiffs, v. FORT ZUMWALT SCHOOL DISTRICT, et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

April 27, 1999.


Attorney(s) appearing for the Case

Joseph L. Green, Baerveldt and Bagsby, St. Charles, MO, for Mike McCann, by and through his parent, nfr, Robert McCann, Erin Fannning, by and through her parent, nfr, Deanna Reinwald, Michelle Aubuchon, by and through her parent, nfr, Zoe Aubuchon, Matt Krueger, by and through his parent, nfr, Mary Roseman, Charlene Launius, by and through her parent, nfr, Mary Faith Launius, Tonya Lesch, by and through her parent, nfr, Joann Lesch, David Graham, by and through his parent, nfr, Michelle Graham, Adrianne Casagrand, by and through her parent, nfr, Connie Casagrand, David Alton, by and through his parent, nfr, Byron Alton, Kari Doerrer, by and through her parent, nfr, Kathleen Doerrer, Leanna Garcia, by and through her parent, nfr, Martha Anderson, Pamela Sue Gililland, by and through her parent, nfr, Joann Gililland, Patrick Griefe, by and through his parent, nfr, Shirley Griefe, Jason Nickell, by and through hhis parent, nfr, Dennis Nickell, Jay Tibbits, by and through his parent, nfr, Steve Tibbits, plaintiff.

Christopher E. McGraugh, Leritz and Plunkert, St. Louis, MO, Joseph L. Green, for Sarah Hemby, by and through her parent and next friend, nfr, Elizabeth Hemby, plaintiffs.

Thomas E. Tueth, Partner, Peter G. Yelkovac, Blackwell and Sanders, St. Louis, MO, for Fort Zumwalt School District, Bernard J. Dubray, defendants.


MEMORANDUM AND ORDER

SIPPEL, District Judge.

This matter is before the Court on the motion for summary judgment filed by defendants Fort Zumwalt School District ("the District") and its Superintendent, Bernard DuBray. Plaintiffs are individual student members of the Fort Zumwalt North High School Marching Band ("Marching Band") who allege that their constitutional rights were violated when Superintendent DuBray prohibited them from performing the...

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