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PUSTELL v. LYNN PUBLIC SCHOOLS

No. 93-1794.

18 F.3d 50 (1994)

Stephen PUSTELL and Lois Pustell, Plaintiffs, Appellants, v. LYNN PUBLIC SCHOOLS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 24, 1994.

Attorney(s) appearing for the Case

Michael P. Farris, Washington, DC, with whom Jordan W. Lorence, was on brief, for plaintiffs, appellants.

John C. Mihos, Lynn, MA, for defendant, appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

COFFIN, Senior Circuit Judge.

Stephen and Lois Pustell brought this action challenging the constitutionality of a Lynn School Committee requirement that conditions the approval of a homeschooling plan on consent to home visits by the superintendent or his representative. The district court upheld the constitutionality of the requirement, and the Pustells now appeal. Our review of the record and the caselaw persuades us that the district court should have abstained...

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