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STARK v. INDEPENDENT SCHOOL DIST., NO. 640

No. 96-3250.

123 F.3d 1068 (1997)

Matthew STARK, Marcia Neely, Plaintiffs/Appellees, v. INDEPENDENT SCHOOL DISTRICT, NO. 640, and the members of its Board of Directors, Defendant/Appellant, Leon Plaetz, Curtis Trost, Scott Frederickson, Tom Franta, Barb Beranek, Alois Guetter, Defendants. Jeff Paskewitz, Mavis Paskewitz, Stuart Paskewitz, Ben Paskewitz, Ron Paskewitz, Naomi Paskewitz, Carrie Paskewitz, Joe Paskewitz, Gordon Barber, Twyla Barber, Peter Barber, Cindy Logan, Sheldon Logan, Joanna Logan, Clayton Paskewitz, Linda Paskewitz, Trisha Paskewitz, Minnesota Federation of Teachers, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided August 21, 1997.

Attorney(s) appearing for the Case

Pat A. Cipollone, Washington, DC, argued (C. Hunter Wiggins, Washington, DC, and Erick G. Kaardal, Minnetonka, MN, on the brief), for Appellant.

Robert J. Bruno, Burnsville, MN, argued (Timothy E. Branson, Minneapolis, MN, on the brief), for Appellee.

James Lloyd Volling, Minneapolis, MN, argued (Ahna M. Thoresen, Timothy C. Rank and Stephen C. Lee, Minneapolis, MN, on the brief), for Amicus Curiae.

Before WOLLMAN, BEAM, and MURPHY, Circuit Judges.

WOLLMAN, Circuit Judge.

This is an appeal from an injunction enjoining the operation of a public school. We reverse and remand with directions to dismiss the complaint.

Factual Background

Independent School District No. 640 (the district) is a rural school district located in southwestern Minnesota. It covers approximately 225 square miles of agricultural land, including the towns of Wabasso and Vesta. The district operated elementary schools in...

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