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MERGENS v. BOARD OF EDUC. OF WESTSIDE COM. SCHOOLS

No. 88-1227.

867 F.2d 1076 (1989)

Bridget C. MERGENS, by & through her next friend, Dr. Daniel N. MERGENS; Stephen P. Hollar, by & through his next friend, Mrs. Judith L. Hollar; Brian P. Rensing, by & through his next friends, Robert W. & Sherry K. Rensing; David K. Harris, by & through his next friends Kenneth & Myra Harris, and Andrea Simmons, by & through her next friends, Robert L. & Linda L. Simmons, Appellants United States of America Intervenor-Plaintiff Below. Kendra K. Kellison, etc. by and through her next of friends, Victor Kraatz and Linda Kraatz; Michelle M. Harris, etc. by and through her next of friends Kenneth Harris and Myra Harris; Kevin Brown, etc. by and through his next of friends Robert W. Rensing and Sherry K. Rensing, Appellants, v. The BOARD OF EDUCATION OF the WESTSIDE COMMUNITY SCHOOLS (DIST. 66); Wayne W. Meier, President of the Westside Community School Board; James E. Findley, Principal of the Westside High School; James A. Tangdall, Assistant Superintendent of the Westside Community School District; & Kenneth K. Hansen, Superintendent of the Westside Community School District, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1989.

Attorney(s) appearing for the Case

Douglas W. Davis, Virginia Beach, Va., Brant M. Laue, Washington, D.C., for appellant/intervenor.

Allen E. Daubman, Omaha, Neb., for appellees.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

McMILLIAN, Circuit Judge.

Appellants, students who attend Westside High School, a public school, appeal from a final judgment entered in the District Court for the District of Nebraska. The case was tried to the court. The district court held that the formation of a Christian Bible Study Club at Westside High School in Omaha, Nebraska, would violate the establishment clause of the first amendment.

For reversal, appellants argue that (1) Westside High School...

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