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COLE v. OROVILLE UNION HIGH SCHOOL DIST.

No. 99-16550.

228 F.3d 1092 (2000)

Ferrin COLE; Chris Niemeyer; and Jason Niemeyer through his Guardian ad Litem Janet Niemeyer, Plaintiffs-Appellants, and John Niemeyer through his Guardian ad Litem Janet Niemeyer; Janet Niemeyer, individually and as a Taxpayer; Justin Hagan through his Guardian ad Litem Connie Hagan; Vanessa Ralston through her Guardian ad Litem Teresa Ralston; Doe I through her Guardian ad Litem Roe I; Doe II through his Guardian ad Litem Roe II; Doe III through his Guardian ad Litem Roe III; Roe I, individually and as a Taxpayer; Roe II, individually and as a Taxpayer; Roe III, individually and as a Taxpayer, Appellants, v. OROVILLE UNION HIGH SCHOOL DISTRICT; Barry Kayrell, individually and as Superintendent of the Oroville Union High School District; Larry Payne, individually and as Principal of Oroville Union High School; Jeff Plotnick, individually and as Vice-Principal of Oroville Union High School; David Bruce; Roy Fisher; Kenneth Harlan; Susan Neben; Lillaine Speese, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2000.

Attorney(s) appearing for the Case

Steven T. Burlingham, Gary, Till & Burlingham, Sacramento, California, for the plaintiffs-appellants.

Christian M. Keiner, Michelle L. Cannon, Girard & Vinson, Sacramento, California, for the defendants-appellees.

Marc D. Stern, American Jewish Congress, New York, New York, for the amicus curiae.

David F. McDowell, Michael I. Katz, Morrison & Foerster, LLP, Los Angeles, California, Sue Stengel, Anti-Defamation League of B'nai B'rith, Los Angeles, California, David Rosenberg, Anti-Defamation League of B'nai B'rith, New York, New York, for the amicus curiae.

John L. Bukey, Richard L. Hamilton, Judith M. Cias, California School Boards Association, West Sacramento, California, for the amicus curiae.

Before: SCHROEDER, HAWKINS and FISHER, Circuit Judges.

FISHER, Circuit Judge:

Ferrin Cole and Chris Niemeyer were students at Oroville High School ("Oroville") who graduated in 1998. They claim the Oroville Union High School District ("District") violated their freedom of speech by refusing to allow Niemeyer to give a sectarian, proselytizing valedictory speech and Cole to give a sectarian invocation at their graduation. We conclude the students' equitable claims are moot because Niemeyer and Cole have graduated, and...

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