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WEBSTER v. NEW LENOX SCHOOL DIST. NO. 122

No. 89-2317.

917 F.2d 1004 (1990)

Ray WEBSTER, Plaintiff-Appellant, v. NEW LENOX SCHOOL DISTRICT NO. 122 and Alex M. Martino, individually and as Superintendent of New Lenox School District No. 122, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 1990.

Attorney(s) appearing for the Case

Charles E. Hervas, James G. Sotos, Michael W. Condon, Schirott & Associates, Itaska, Ill., for plaintiff-appellant.

Richard R. Winter, Edward M. Kay, James O. Nolan, Katherine G. Hill, James T. Ferrini, Sonia V. Odarczenko, Clausen, Miller, Gorman, Caffrey & Witous, Chicago, Ill., Barry L. Moss, Stuart D. Gordon, Moss & Bloomberg, Bolingbrook, Ill., for defendants-appellees.

Before FLAUM, EASTERBROOK and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Ray Webster sought injunctive and declaratory relief based on his claim that the New Lenox School District violated his first and fourteenth amendment rights by prohibiting him from teaching a nonevolutionary theory of creation in the classroom. He appeals the dismissal of his complaint for failure to state a claim. For the following reasons, we affirm the judgment of the district court.

I

BACKGROUND

The district...

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