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GARNETT v. RENTON SCHOOL DIST. NO. 403

No. 91-36036.

987 F.2d 641 (1993)

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; Stephen M. Hanning, a minor, by Mr. and Mrs. Bruce Sharp, his Guardians Ad Litem; Tanya M. Hanning, a minor, by Mr. and Mrs. Bruce Sharp, her Guardians Ad Litem; Robert M. Mayer, a minor, by Mr. and Mrs. Michael L. Mayer, his Guardians Ad Litem; Jaime R. Mayer, a minor, by Mr. and Mrs. Michael L. Mayer, her Guardians Ad Litem, Plaintiffs-Appellants, v. RENTON SCHOOL DISTRICT NO. 403; Robert N. Anderson, in his official capacity; Brian Baker, in his official capacity; John G. Dubois, in his official capacity; Marcia K. Holland, in her official capacity; Donald Jacobson, in his official capacity; Gary F. Kohlwes, in his official capacity; Margarita Prentice, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 1993.

Attorney(s) appearing for the Case

Michael Stokes Paulsen, Minneapolis, MN, Michael W. McConnell, Mayer, Brown & Platt, Chicago, IL, for plaintiffs-appellants.

I. Franklin Hunsaker, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, OR, for defendants-appellees.

R. Broh Landsman, Helsell, Fetterman, Martin, Todd & Hokanson, Seattle, WA, for the amicus Anti-Defamation League.

Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, for the amicus American Civil Liberties Union of Washington Foundation; William D. Hochberg, Levinson, Friedman, Vhugen, Duggan, Bland & Horowitz, Seattle, WA, for the amicus American Jewish Committee and Church Council of Greater Seattle.

Lowell V. Sturgill, Jr., U.S. Dept. of Justice, Washington, DC, for the amicus U.S.

Before: WRIGHT, FARRIS, and KLEINFELD, Circuit Judges.

FARRIS, Circuit Judge:

FACTS

In the fall of 1984, several students at Lindbergh High School in Renton, Washington, sought permission from school officials to form a religious club. The students requested permission to meet on school grounds before school for prayer, Bible study and religious discussion. The school district permits a number of other student groups to meet on school grounds during noninstructional time, including such groups as the Pep Club...

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