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SULLIVAN v. HOUSTON INDEPENDENT SCHOOL DISTRICT

No. 71-2494.

475 F.2d 1071 (1973)

Dan SULLIVAN, by next friend, Daniel H. Sullivan, et al., Plaintiffs-Appellees, and Paul Kitchen, by next friend, Anthony Kitchen, Plaintiff-Appellee-Cross Appellant, v. HOUSTON INDEPENDENT SCHOOL DISTRICT, et al., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 30, 1973.

Attorney(s) appearing for the Case

William Key Wilde, Kelly Frels, Bracewell & Patterson, Houston, Tex., for appellants.

Robert E. Hall, Eric H. Nelson, Houston, Tex., for appellees.

Before GEWIN, THORNBERRY and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 30, 1973.

THORNBERRY, Circuit Judge:

This case arises from the unauthorized distribution of an "underground" newspaper near a high school campus, and presents the now-familiar clash between claims of First Amendment protection on the one hand and the interests of school boards in maintaining an atmosphere in the public schools conducive to learning, on the other. We vacate the supplemental grant of injunctive relief...

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