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BREEN v. KAHL

Nos. 17552, 17553.

419 F.2d 1034 (1969)

Thomas BREEN, a minor, by his mother and next friend, Jane Breen; and James A. Anton, a minor, by his parents and next friends, William and Marie Anton, Plaintiffs-Appellees, v. William C. KAHL, individually and as State Superintendent of Public Instruction of the State of Wisconsin; David Hawley, individually and as Principal of Williams Bay High School; Arno D. Wehle, individually and as Superintendent of Williams Bay Schools; Robert R. Brown, individually and as a member of the Williams Bay Board of Education; Elmer M. Hansen, individually and as a member of the Williams Bay Board of Education; Marilyn Prugh, individually and as a member of the Williams Bay Board of Education; Harold McCarthy, individually and as a member of the Williams Bay Board of Education; Alice Morava, individually and as a member of the Williams Bay Board of Education, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

December 3, 1969.

Attorney(s) appearing for the Case

Robert D. Martinson, Asst. Atty. Gen., Benjamin Southwick, Dept. of Justice, Max C. Ashwill, Madison, Wis., for defendants-appellants.

Percy L. Julian, Jr., Sander N. Karp, Melvin F. Greenberg, Madison, Wis., for plaintiffs-appellees.

James F. Clark and Walter P. Ela, Madison, Wis., amicus curiae.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiffs-appellees, Thomas Breen and James Anton, filed suit under 42 U.S.C. § 1983 against defendants-appellants, the State of Wisconsin's Superintendent of Public Instruction and the Members of the Williams Bay Board of Education attacking as unconstitutional the Williams Bay High School dress code regulating the length of students' hair. The district court held the regulation unconstitutional and defendants appeal.

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