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INGEBRETSEN v. JACKSON PUBLIC SCHOOL DIST.

No. 94-60631.

88 F.3d 274 (1996)

David INGEBRETSEN, on Behalf of himself and his daughter, Anna INGEBRETSEN, et al., Plaintiffs-Appellees, Appellants-Cross Appellants, v. JACKSON PUBLIC SCHOOL DISTRICT and The Board of Trustees Of The Jackson Municipal Separate School District, Defendants-Appellees, and Mike Moore, In his official capacity as the Attorney General of the State of Mississippi, Defendant-Appellant, Cross Appellee, Amelia Freeman, Jessica Massey and Stacy Smith, Movants-Appellants.

United States Court of Appeals, Fifth Circuit.

Opinion Denying Rehearing and Rehearing May 31, 1996.

Opinion Dissenting from Denial of Rehearing Filed July 2, 1996.

Attorney(s) appearing for the Case

T. Hunt Cole, Jr., Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, MS, for Moore.

Natham W. Kellum, Brian Fahling, Amer. Family Assoc., Tupelo, MS, for Freeman, Massey and Smith.

Robert B. McDuff, Jackson, MS, John G. Jones, Jackson, MS, Elliot M. Mincberg, Judith E. Schaeffer, Washington, DC, for Ingebretsen, et al.

J. Perry Sansing, James A. Keith, Brunini, Grantham, Grower & Hewes, Jackson, MS, for JPSD, et al.

Jessica Smith, David B. Isbell, Covington & Burling, Washington, DC, amicus curiae in support of Ingebretsen, et al., for National Pearl.

Marc D. Stern, American Jewish Congress, New York City, amicus curiae in support of Ingebretsen, et al., for American Jewish Congress, et al.

Before DAVIS and PARKER, Circuit Judges and BUNTON, District Judge.

Opinion Denying Rehearing and Rehearing En Banc May 31, 1996.

Opinion Dissenting from Denial of Rehearing En Banc Filed by Circuit Judge Jones July 2, 1996.

W. EUGENE DAVIS, Circuit Judge:

The State of Mississippi appeals the district court's decision to enjoin enforcement of a Mississippi statute allowing prayer at compulsory and noncompulsory school events. Ingebretsen cross-appeals to protest the exemption of graduation prayers from the injunction...

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