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KELLER v. GARDNER COM. CONSOL. GRADE SCH. DIST.

No. 81 C 1858.

552 F.Supp. 512 (1982)

Joseph F. KELLER, A Minor, Individually and on behalf of all others similarly situated, by His Father and Next Friend, Raymond J. KELLER, Plaintiff, v. GARDNER COMMUNITY CONSOLIDATED GRADE SCHOOL DISTRICT 72C, an Illinois Municipal Corporation; Robert Poole, James Larson, Ramona Storm, George Bexson, Sandra Sowers, Mary Chladek, and Steve Perry, Individually and as Members of the Board of Education of Gardner Community Consolidated Grade School District 72C; Donald Morris, Individually and as Superintendent of Gardner Community Consolidated Grade School District 72C; and Mark Lamping, Individually and as an Employee of Gardner Community Consolidated Grade School District 72C, Defendants.

United States District Court, N.D. Illinois, E.D.

August 31, 1982.

Attorney(s) appearing for the Case

Roger B. Gomien, Gomien, Masching & Neville, Ltd., Dwight, Ill., Ronald V. Hirst, Towanda, Ill., William Fitzpatrick, Evergreen Park, Ill., for plaintiff.

William W. Kurnik, Judge, Drew, Cipolla & Kurnik, Ltd., Park Ridge, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

PARSONS, District Judge.

This case presents a conflict between a public grade school coach's policy requiring attendance at basketball practice and a student's desire to attend religion classes during the time designated for team practice. The eleven year old plaintiff, Joseph Keller, a resident of Gardner, Illinois, and a member of the Gardner Grade School basketball team, represented by his parents, challenges the constitutionality...

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