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PECK v. UPSHUR COUNTY BD. OF EDUC.

Civil Action No. 2:95-CV-21.

941 F.Supp. 1465 (1996)

Mary Pat PECK, Jeannie O'Halloran, Thomas Lynch, and Grace Glaser Lynch, Plaintiffs, v. UPSHUR COUNTY BOARD OF EDUCATION and Lynn E. Westfall, Defendants.

United States District Court, N.D. West Virginia.

September 30, 1996.

Attorney(s) appearing for the Case

Allan N. Karlin, Morgantown, WV, Robert M. Bastress, Morgantown, WV, for Plaintiffs.

Michael D. Lorensen, Bowles, Rice, McDavid, Graff & Love, Martinsburg, WV, Dean L. Whitford, David R. Melton, The Rutherford Institute, Charlottesville, VA, for Defendants Upshur County Board of Education and Lynn E. Westfall.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

Statement of the Case

This is a civil rights case, brought pursuant to 42 U.S.C. § 1983. The issue at the heart of the case concerns a policy adopted by the defendant Upshur County Board of Education ("the Board" or "Upshur County Board"), which operates the public schools in Upshur County, that permits non-students to disseminate Bibles and other religious materials in the...

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