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SEYFRIED v. WALTON

No. 81-1927.

668 F.2d 214 (1981)

James E. SEYFRIED, Individually and as next friend of Debbie Seyfried, a minor child; Frances L. Taylor, individually and as next friend of Keith Robert Taylor, a minor child, and Durward Allen Ekas, Individually and as next friend of Deborah Ekas, a minor child, Appellants, v. Bruce R. WALTON, Gooden T. Warren, Joshua T. West, Wellford W. Inge and Kenneth LaVere, individually and as members of the Board of Education of the Caesar Rodney School District, F. Neil Postlethwaite, individually and as Superintendent of the Caesar Rodney School District, and Caesar Rodney School District.

United States Court of Appeals, Third Circuit.

Decided December 29, 1981.

Attorney(s) appearing for the Case

Ernest S. Wilson, Jr., Wilson & Whittington, Wilmington, Del., John Williams (argued), Prickett, Jones, Elliott, Kristol & Schnee, Dover, Del., for appellants.

Nicholas H. Rodriguez, Catherine T. Hickey (argued), Schmittinger & Rodriguez, P. A., Dover, Del., for appellees.

Before ALDISERT, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented is whether a public school superintendent's decision to cancel a high school dramatic production because of its sexual theme violated the students' first amendment right of expression. Plaintiffs, parents of three students in the play, sued the school district, the school board, and the district superintendent, seeking compensatory and equitable relief under 42 U.S.C. § 1983. The district...

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