O'CONNOR v. BD. OF ED. OF SCHOOL DIST. NO. 23

No. 80-2501.

645 F.2d 578 (1981)

Karen O'CONNOR, by her parents and next friends, Joseph O'Connor and Frances O'Connor, Plaintiff-Appellee, v. BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 23, a body politic and corporate, Dean Eitel, Sallyann Okuno, Jane Adelman, Susan Lewis, James Kastner, Ann Marie Lundstrom, and Mary Ann Stitak, as officers and members of the Board of Education of School District No. 23, Edward Grodsky, as Superintendent of School District No. 23, Gerald McGovern, as Assistant Superintendent of School District No. 23, Philip Arenstein, as Principal of MacArthur Junior High School, Mid-Suburban Junior High School Conference, and Robert D. White, an officer of the Mid-Suburban Junior High School Conference, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 1981.

Rehearing and Rehearing Denied July 2, 1981.


Attorney(s) appearing for the Case

Allen D. Schwartz, Chicago, Ill., for defendants-appellants.

Rosemarie J. Guadnolo, Chicago, Ill., for plaintiff-appellee.

Before SPRECHER, BAUER and WOOD, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 2, 1981.

BAUER, Circuit Judge.

In this equal protection case, the district court granted a preliminary injunction restraining the Board of Education of Prospect Heights School District No. 23, and other defendants, from refusing to permit plaintiff-appellee Karen O'Connor to try out for the boys' sixth grade basketball team. We stayed enforcement of the preliminary injunction pending appeal and now reverse.

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