CLAYTON BY CLAYTON v. PLACE

No. 88-2493.

884 F.2d 376 (1989)

Jonathan CLAYTON, a minor, by Connie CLAYTON, his next friend; Steve Blakley, a minor, by Tressia Blakley, his next friend; David Mareth, a minor, by Marlene Mareth, his next friend; Mark Flummerfelt, a minor, by Carolyn Flummerfelt, his next friend; Michael Beagle, a minor, by James M. Beagle, his next friend; George Fox, a minor, by Joan Fox, his next friend; Amy Dianne Wolf, a minor, by Frances Ann Wolf, her next friend; Anna Svetlecic, a minor, by Vickie Svetlecic, her next friend; Connie Clayton; Tressia Blakley; Vickie Svetlecic; Walter Welch; Sherry Welch; Robert Mareth; Marlene Mareth; Michael Flummerfelt; Carolyn Flummerfelt; Frances Ann Wolf; Joan Fox; Howard Fox, Jr.; and James M. Beagle, Appellees, v. Richard M. PLACE; Glen Garrett; Rex Henderson; Allen Keeling; Art Negre; Jacqueline L. Stephens; Jim Terry; All in their individual and official capacities and Purdy R-2 School District, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 1, 1989.

Rehearing and Rehearing Denied November 17, 1989.


Attorney(s) appearing for the Case

Ransom A. Ellis, III, Ransom A. Ellis, Jr. and Rick E. Temple, and Carl H. Esbeck, Professor of Law, Mo. University, Springfield, Mo., for appellants.

Larry W. Schumaker, Kansas City, Mo., and William J. Fleischaker, Joplin, Mo., for appellees.

Before FAGG, Circuit Judge, FLOYD R. GIBSON, and TIMBERS, Senior Circuit Judges.


Rehearing and Rehearing En Banc Denied November 17, 1989.

FAGG, Circuit Judge.

Rule 502.29 of the Purdy R-2 School District provides in part: "School dances are not authorized[,] and school premises shall not be used for purposes of conducting a dance." Although the record does not indicate when the rule was enacted, the parties agree it has been in place for a long time. A group of students, parents, and taxpayers (collectively plaintiffs) brought this action...

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