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MORRISON v. BOARD OF EDUC. OF BOYD COUNTY

Nos. 06-5380, 06-5406, 06-5407.

521 F.3d 602 (2008)

Timothy MORRISON et al., Plaintiffs-Appellants (06-5380; 06-5406)/Cross-Appellees, v. BOARD OF EDUCATION OF BOYD COUNTY, Defendant-Appellee, William Carter et al., Intervenors-Defendants-Appellees/Cross-Appellants (06-5407).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 9, 2008.

Attorney(s) appearing for the Case

ARGUED: Joel L. Oster, Alliance Defense Fund, Leawood, Kansas, for Plaintiffs. Winter R. Huff, Law Offices of John G. Prather, Somerset, Kentucky, for Defendants. Sharon McGowan, American Civil Liberties Union, New York, New York, for Intervenors. ON BRIEF: Joel L. Oster, Kevin H. Theriot, Alliance Defense Fund, Leawood, Kansas, Benjamin W. Bull, Gary McCaleb, Alliance Defense Fund, Scottsdale, Arizona, for Plaintiffs. Winter R. Huff, LAW Offices of John G. Prather, Somerset, Kentucky, Kimberly S. McCann, VanAntwerp, Monge, Jones & Edwards, LLP, Ashland, Kentucky, for Defendants. Sharon McGowan, Kenneth Y. Choe, American Civil Liberties Union, New York, New York, David A. Friedman, Fernandez, Friedman, Haynes & Kohn, Louisville, Kentucky, for Intervenors.

Before: MOORE and COOK, Circuit Judges; and ADAMS, District Judge.

COOK, J., delivered the opinion of the court, in which ADAMS, D.J., joined. MOORE, J. (pp. 611-25), delivered a separate dissenting opinion.

AMENDED OPINION

COOK, Circuit Judge.

This panel heard arguments in the matter before us on July 25, 2007, after which we filed an opinion, Morrison v. Board of Education of Boyd County, 507 F.3d 494 (6th Cir.2007), reversing the judgment of the district court and remanding...

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