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KNIGHTS OF K. K. K. v. EAST BATON ROUGE PARISH SCH.

No. 79-1780.

643 F.2d 1034 (1981)

KNIGHTS OF the KU KLUX KLAN, REALM OF LOUISIANA, Plaintiff-Appellee-Cross-Appellant, v. EAST BATON ROUGE PARISH SCHOOL BOARD et al., Defendants-Cross-Appellees, U. S. Department of Health, Education and Welfare, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

February 23, 1981.

Attorney(s) appearing for the Case

Donald L. Beckner, U. S. Atty., C. Michael Hill, Baton Route, La., Joseph B. Scott, Atty., U. S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, D. C., William Kanter, Wendy M. Keats, Stuart E. Schiffer, Alice Daniel, Acting Asst. Attys. Gen., Atty. Gen. Office, U. S. Dept. of Justice, Washington, D. C., for H. E. W.

Newman, Duggins, Drolla, Gamble & Anderson, Lawrence R. Anderson, Jr., Baton Rouge, La., for plaintiff-appellee-cross-appellant.

John F. Ward, Jr., Baton Rouge, La., for East Baton Rouge.

Before GOLDBERG, POLITZ and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

As of November 1975, the East Baton Rouge Parish School Board (the Board) maintained a policy of allowing organizations to rent its facilities for meetings on a first come, first served basis. In early November of 1975 the Knights of the Ku Klux Klan, Realm of Louisiana (plaintiff) requested and was granted permission to use a high school gymnasium for a "patriotic" meeting. On November 19, however, Dr. John Bell, chief of the Dallas branch office for...

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