KAMPMEIER v. NYQUIST

No. 509, Docket 76-7383.

553 F.2d 296 (1977)

Jack A. KAMPMEIER et al., Appellants, v. Ewald NYQUIST, in his capacity as Commissioner of Education, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided April 15, 1977.


Attorney(s) appearing for the Case

Edward H. Fox, Rochester, N. Y. (Paul J. Yesawich, III, Rochester, N. Y., on the brief, of counsel to the Genesee Valley Chapter, New York Civil Liberties Union), for appellants.

Lawrence W. Reich, Albany, N. Y. (Robert D. Stone, Albany, N. Y., on the brief), for appellees Nyquist and Soucy.

Thomas W. Sullivan, Rochester, N. Y. (Sullivan, Gough, Skipworth, Summers & Smith, Rochester, N. Y., on the brief), for appellees Harris, Bent, and Hibschman in his capacity as Superintendent.

Bruce E. Hansen, Rochester, N. Y. (Harter, Secrest & Emery, Rochester, N. Y., on the brief), for appellees Andrews, Burns, Farnsworth, Hosenfeld, Kolb, Lundy, McGavern, Pitler, and Skawski.

Before LUMBARD and OAKES, Circuit Judges, and BRYAN, District Judge.


LUMBARD, Circuit Judge:

Two junior high school students, each with vision in only one eye, and their parents, appeal from an order by Judge Burke in the Western District of New York denying their motion for a preliminary injunction against public school authorities in Pittsford and Canandaigua, New York, who have refused to allow the students to participate in contact sports at school. Plaintiffs contend that the school system's prohibition on participation by one...

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