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PETERSON v. MINIDOKA COUNTY SCHOOL DISTRICT NO. 331

Nos. 95-35041, 95-35185.

132 F.3d 1258 (1997)

Frank PETERSON; Priscilla Peterson, husband and wife, Plaintiffs-Appellees, v. MINIDOKA COUNTY SCHOOL DISTRICT NO. 331, a body Corporate and Politic of the State of Idaho, Defendant-Appellant. Frank PETERSON; Priscilla Peterson, husband and wife, Plaintiffs-Appellants, v. MINIDOKA COUNTY SCHOOL DISTRICT NO. 331, a body Corporate and Politic of the State of Idaho, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1997.

Amended December 30, 1997.

Attorney(s) appearing for the Case

Steven K. Tolman, Tolman Law Office, Twin Falls, Idaho, for defendant-appellant-cross-appellee.

Frederick J. Hahn, Holden, Kidwell, Hahn, & Crapo, Todd J. Wilcox, Boise, Idaho, for plaintiffs-appellees-cross-appellants.

Before: FLETCHER, JOHN T. NOONAN, Jr., and RYMER, Circuit Judges.

ORDER

The opinion filed on July 8, 1997 is amended as follows:

Slip opinion p. 7962, paragraph 1 [118 F.3d at 1354]: In place of the last two sentences in paragraph 1 insert the following:

We hold that summary judgment was properly granted Peterson on these grounds: the District violated his federal constitutional right to practice his religion freely; the District violated his federal constitutional right to provide for the religious education...

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