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BICKNELL v. VERGENNES UNION HIGH SCHOOL BD., ETC.

No. 569, Docket 79-7676.

638 F.2d 438 (1980)

David BICKNELL, by his guardian Donald Bicknell et al., Plaintiffs-Appellants, v. VERGENNES UNION HIGH SCHOOL BOARD OF DIRECTORS et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 2, 1980.

Attorney(s) appearing for the Case

Brooke Pearson, Montpelier, Vt. (Richard A. Axelrod, Gensburg & Axelrod, St. Johnsbury, Vt., on brief), for plaintiffs-appellants.

Anthony B. Lamb, Burlington, Vt. (Paul, Frank & Collins, Burlington, Vt., on brief), for defendants-appellees.

Before MANSFIELD and NEWMAN, Circuit Judges, and SIFTON, District Judge.

NEWMAN, Circuit Judge:

This case, like Pico v. Board of Education, 638 F.2d 404 (2d Cir. 1980), decided this day, involves a school board's decision to remove books from a school library. In Pico a divided panel concluded that the allegations of the complaint and the supporting affidavits presented a triable issue as to whether the book removal had created a sufficient risk of suppressing ideas within the school community...

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