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KAY v. DAVID DOUGLAS SCH. DIST. NO. 40

A8404-02438; CA A32742.

719 P.2d 875 (1986)

79 Or.App. 384

Steven KAY; James M. Strieby; Wendy Deibele; Dora Epstein, By and Through her mother, Bette DISSELBRETT; and Bette Disselbrett, Respondents, Jill Takashima, Plaintiff, v. DAVID DOUGLAS SCHOOL DISTRICT NO. 40; Anthony Palermini, individually and as Superintendent of David Douglas School District No. 40; and Robert Reese; Don Larson; Ed Gustafson; Marge Andersen; Scott Rasmussen; James Olsen; and Ray Rankin; individually and as members of the Board of David Douglas School District No. 40, Appellants.

Court of Appeals of Oregon.

Decided May 21, 1986.

Reconsideration Denied August 8, 1986.

Attorney(s) appearing for the Case

Robert L. Dressler, Portland, argued the cause for appellants. With him on the briefs was Dressler & Granata, Portland.

Charles F. Hinkle, Portland, argued the cause and filed the brief for respondents.

W.G. Kelly Clark and Robert LeChevallier, Portland, filed a brief amicus curiae for Christian Legal Society.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

In this action for declaratory and injunctive relief premised on the state and federal constitutions and 42 U.S.C. § 1983, defendants appeal from a judgment enjoining them from sponsoring, permitting or encouraging the inclusion of formal prayer in the invocation and benediction at the commencement exercises of the David Douglas High School class of 1984, and awarding attorney fees to plaintiffs.1 The trial...

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