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CENICEROS v. BD. OF TRUSTEES

No. 94-55257.

66 F.3d 1535 (1995)

Melanie CENICEROS, a minor, By and Through her Guardian Ad Litem and Mother Rose RISSER; Rose Risser, Guardian Ad Litem and Mother of Melanie Rose Ceniceros, Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF the SAN DIEGO UNIFIED SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1995.

Attorney(s) appearing for the Case

Gerald W. Hokstad, The Rutherford Institute, Solana Beach, CA, and Michael Stokes Paulsen, The Rutherford Institute, Minneapolis, MN, for the plaintiffs-appellants.

Jose A. Gonzales, San Diego Unified School District, San Diego, CA, for the defendant-appellee.

Anthony J. Steinmeyer and Lowell V. Sturgill, Jr., United States Department of Justice, Washington, DC, for the United States as amicus curiae.

Steven T. McFarland and Kimberlee Wood Colby, Center for Law & Religious Freedom, Annandale, VA, for the Christian Legal Society, National Council of Churches of Christ, National Association of Evangelicals, and Christian Life Commission of the Southern Baptist Convention as amici curiae.

Jay Alan Sekulow, American Center for Law and Justice, Virginia Beach, VA, for the Student Coalition for Free Speech as amicus curiae.

Before: LAY, BRUNETTI, and RYMER, Circuit Judges.

Opinion by Judge BRUNETTI; Dissent by Judge LAY.

BRUNETTI, Circuit Judge:

Melanie Rose Ceniceros sued the Board of Trustees of the San Diego School District (the District) seeking declaratory and injunctive relief and damages. Her complaint alleged that, by denying her religious club the opportunity to meet during lunch as other clubs were allowed to, her high school, University City High School (UCHS), violated her rights under the Equal Access Act (Act)...

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