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CROSBY BY CROSBY v. HOLSINGER

No. 86-1140.

816 F.2d 162 (1987)

Cheryl Anne CROSBY, an infant who sues by her mother and next friend, Ruthanne CROSBY; Andrea D. Anderson, an infant who sues by her mother and next friend, Dolores E. Anderson; Tracy Lynn Cabral, an infant who sues by her mother and next friend, Janet Eileen Cabral; Louis C. Frank, III, an infant who sues by his father and next friend, Louis C. Frank, Jr.; Margaret Ruth Powell, an infant who sues by her father and next friend, Richard A. Powell, Sr.; Robert Joseph Reed, an infant who sues by his father and next friend, Richard Smith; Mary Lou Curtis; Lynda L. Eichelis; William E. Munday, Plaintiffs-Appellants, v. Harry F. HOLSINGER, Principal, Fairfax High School, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1987.

Attorney(s) appearing for the Case

William Arthur Beeton, Jr., Fairfax, Va. on brief for plaintiffs-appellants.

Randolph W. Church, Jr., Fairfax, Va. (Thomas J. Cawley, Grady K. Carlson, Joseph W. Conroy, Hunton & Williams, Fairfax, Va. on brief) for defendant-appellee.

Before SPROUSE and ERVIN, Circuit Judges, and KAUFMAN, United States District Judge for the District of Maryland, sitting by designation.

ERVIN, Circuit Judge:

This case arose on appeal before any facts were found by the court below and even before the parties had engaged in much investigation of their own. The following sketch, then, is based on the pleadings, briefs and oral arguments and is intended only to outline the issues before the court, not to settle any factual disputes that may exist. The action was dismissed sua sponte by the district court at a hearing on a request for a preliminary injunction...

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