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STATE, EX REL., BARTMESS v. BOARD OF TRUSTEES

No. 85-540.

726 P.2d 801 (1986)

STATE of Montana, ex rel., Bob BARTMESS, Pat Bartmess, Mary K. Bartsch, Julie Cloninger, Nita Creach, Gary A. Hull, Ed Kibler, Diana Kibler, et al., Relators and Appellants, v. BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 and High School District No. 1, Lewis & Clark County, et al., Respondents and Respondents.

Supreme Court of Montana.

Decided September 18, 1986.

Attorney(s) appearing for the Case

Robert T. Cummins argued and Randy K. Dix argued, Helena, for relators and appellants.

Smith Law Firm, Chadwick H. Smith argued for School Dist. No. 1 & Bd. of Trustees, Helena, for respondents.

Goetz, Madden & Dunn; James H. Goetz, Bozeman, for amicus curiae Helena School Dist. No. 1, et al.

Leaphart Law Firm, Helena, for amicus curiae Bd. of Public Educ.

Charles Erdmann, Helena, for amicus curiae Montana School Bd. Ass'n.

Gough, Shanahan, Johnson & Waterman, Ronald Waterman argued, Helena, for amicus curiae Montana High School Ass'n.

WEBER, Justice.

This is an appeal of a summary judgment of the District Court for Lewis and Clark County which upheld the requirement that Helena high school students participating in extracurricular activities maintain a 2.0 grade average. We affirm.

Relators appeal and raise the following issue: Did the District Court err as a matter of law in holding that under the United States and Montana Constitutions participation in existing extracurricular activities...

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