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CROSBY BY CROSBY v. HOLSINGER

No. 87-1187.

852 F.2d 801 (1988)

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; William E. Munday, Plaintiffs-Appellants, and Lynda L. Eichelis, Plaintiff, v. Harry F. HOLSINGER, Principal, Fairfax High School, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1988.

Rehearing and Rehearing Denied September 2, 1988.

Attorney(s) appearing for the Case

Stephen T. Yelverton (William A. Beeton, Jr., Altavista, Va., on brief) for plaintiffs-appellants.

Grady Kimel Carlson (Thomas J. Cawley, John F. Cafferky, Hunton & Williams, Fairfax, Va., on brief) for defendant-appellee.

Before PHILLIPS, SPROUSE and ERVIN, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 2, 1988.

ERVIN, Circuit Judge:

This is the second appearance of "Johnny Reb" in this court. Johnny Reb, the former cartoon symbol of the Fairfax High School Rebels, was eliminated by defendant-appellee Harry Holsinger, the school's principal, after he received complaints from black students and parents. Students protested his decision in a number of ways before filing this action. The district court initially...

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