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McCARTHY v. FLETCHER

Docket No. F008947.

207 Cal.App.3d 130 (1989)

254 Cal. Rptr. 714

LEE McCARTHY et al., Plaintiffs and Appellants, v. DOUGLAS FLETCHER, as Principal-Superintendent, etc. et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

January 13, 1989.

Attorney(s) appearing for the Case

COUNSEL

Paul L. Hoffman, Gary Williams, Carol A. Sobel and Patricia Erikson for Plaintiffs and Appellants.

Mary D. Nichols, Ricki L. Seidman, Tuttle & Taylor, Merrick J. Bobb, Robin D. Wiener, Ennis, Friedman & Bersoff, Kit Adelman-Pierson and Bruce J. Ennis, Jr., as Amici Curiae on behalf of Plaintiffs and Appellants.

Hekete, Carton, Hartsell, Chambers, Gross, Ronich & Peters (Bakersfield) Frank J. Fekete, Peter C. Carton, Stephen L. Hartsell, Dwaine L. Chambers, Roger R. Grass, Frank W. Ronich and Melvin D. Peters for Defendants and Respondents.

David L. Llewellyne, Jr., as Amicus Curiae on behalf of Defendants and Respondents.

[Opinion certified for partial publication.*]

OPINION

FRANSON, P.J.

We review a summary judgment rejecting a First Amendment challenge to the actions of the administrators and trustees of the Wasco Union High School District in excluding two books from the school curriculum. In granting the judgment, the trial court ruled that the subjective intent...

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