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NULL v. BOARD OF EDUC. OF COUNTY OF JACKSON

Civ. A. No. 6:92-0820.

815 F.Supp. 937 (1993)

Kenneth NULL and Barbara Null v. BOARD OF EDUCATION OF the COUNTY OF JACKSON, Carroll Staats, in his official capacity as Superintendent of Jackson County Public Schools, West Virginia State Board Of Education.

United States District Court, S.D. West Virginia, Parkersburg Division.

March 11, 1993.

Attorney(s) appearing for the Case

Paul O. Clay, Jr., Conrad & Clay, Fayetteville, WV, Michael P. Farris, Jordan W. Lorence and J. Michael Smith, Home School Legal Defense Ass'n., Paeonian Springs, VA, for plaintiffs.

Robert D. Fisher, Ass't. Pros. Atty., Ripley, WV, for Staats & Jackson Co. Bd. of Ed.

Brentz H. Thompson and Claude S. Smith, III, Asst. Attys. Gen., Basil Legg, Director WV Board of Ed., Charleston, WV, for WV State Bd. of Ed.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Plaintiffs' motion for preliminary injunction and the Defendants' motion to dismiss. The Court held a hearing on January 26, 1993, where the facts of this case were more fully developed by argument of counsel and documentary evidence. For reasons discussed below, the Court DENIES the motion for preliminary injunction. In accordance with Rule 12(c) of the Federal Rules of Civil Procedure...

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