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GARNETT BY SMITH v. RENTON SCHOOL DIST. NO. 403

No. 88-3552.

865 F.2d 1121 (1989)

Richard GARNETT, By and Through his next friend, Peggy SMITH; Scott Germino; Robert Ryan, By and Through his next friend, Jack Ryan; Richard Tracy, By and Through his next friend, Michael Tracy, Plaintiffs/Appellants, v. RENTON SCHOOL DISTRICT NO. 403; Robert L. Anderson, in his official capacity; Brian Barker, in his official capacity; John G. Dubois, in his official capacity; Marcia Holland, in her official capacity; Donald Jacobson, in his official capacity; Gary F. Kohlwes, in his official capacity; and Margarita Prentice, in her official capacity, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 17, 1989.

As Amended March 3, 1989.

Attorney(s) appearing for the Case

Steven T. McFarland, William H. Ellis, Jr., Michael E. Ritchie, Ellis & Li, Seattle, Wash., Kimberlee Wood Colby, Michael Stokes Paulsen, and Robert P. Reese, Jr., Center for Law & Religious Freedom, Merrifield, Va., Robert Hale, Families for Responsible Educational Environment, for the plaintiffs/appellants Richard Garnett, et al.

I. Franklin Hunsaker, Scott M. Stickney, Christopher A. Rycewicz, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, Or., for the defendants/appellees Renton School Dist. No. 403, et al.

John R. Bolton, Asst. Atty. Gen., Gene S. Anderson, U.S. Atty., Brant M. Laue, Sp. Asst. to the Atty. Gen., Anthony J. Steinmeyer, U.S. Dept. of Justice, Washington, D.C., for the amicus curiae U.S.

Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Wash., for the amicus curiae American Civil Liberties Union of Washington Foundation.

R. Broh Landsman, Helsell, Fetterman, Martin, Todd & Hokanson, Seattle, Wash., for the amici curiae Anti-Defamation League of B'nai B'rith, the American Jewish Congress, and Americans for Religious Liberty.

Martin L. Ziontz, Bassett & Morrison, Seattle, Wash., for the amici curiae American Jewish Committee and Church Council of Greater Seattle.

Before FARRIS and POOLE, Circuit Judges, and KELLEHER, District Judge.

FARRIS, Circuit Judge:

Richard Garnett and other Lindbergh High School students sought a district court order requiring the Renton School District to allow their student religious group to meet in a high school classroom prior to the start of the school day. The students appeal the district court's orders denying their motion for a preliminary injunction and entering judgment for the school district on the merits. 675 F.Supp. 1268

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