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ACTON v. VERNONIA SCHOOL DIST. 47J

No. 92-35520.

66 F.3d 217 (1995)

Wayne ACTON and Judy Acton, guardians ad litem for James Acton, Plaintiffs-Appellants, v. VERNONIA SCHOOL DISTRICT 47J, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 15, 1995.

Attorney(s) appearing for the Case

Thomas M. Christ, Mitchell, Lang and Smith, Portland, OR, for plaintiffs-appellants.

Timothy R. Volpert, Shelley M. Larkins, John A. Matterazzo, Davis Wright Tremaine, Portland, OR, for defendant-appellee.

On Remand from the United States Supreme Court.

Before: REINHARDT, BRUNETTI, and FERNANDEZ, Circuit Judges.

Opinion by Judge FERNANDEZ; Dissent by Judge REINHARDT.

FERNANDEZ, Circuit Judge:

Pursuant to the United States Supreme Court's decision in Vernonia School District v. Acton, ___ U.S. ___, 115 S.Ct. 2386, 132 L.Ed.2d 564 (1995), and because we are of the opinion that the Oregon Supreme Court would not offer greater protection under the provisions of the Oregon Constitution in this case,1 we affirm the judgment of the district...

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