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DUNN v. FAIRFIELD COMMUNITY HIGH SCHOOL DIST. NO. 225

No. 98-1234.

158 F.3d 963 (1998)

Shaun DUNN and Bill McCullough, Plaintiffs-Appellants, v. FAIRFIELD COMMUNITY HIGH SCHOOL DISTRICT NO. 225, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 15, 1998.

Attorney(s) appearing for the Case

Alan C. Downen (argued), McLeansboro, IL, for Plaintiff-Appellant.

John B. Drummy, Eric D. Johnson (argued), Kightlinger & Gray, Indianapolis, IN, Timothy A. Klingler, Kightlinger & Gray, Evansville, IN, for Defendant-Appellee.

Before POSNER, Chief Judge, and CUMMINGS and DIANE P. WOOD, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

Shaun Dunn and Bill McCullough were both budding musicians who participated as guitar players in the high school band program at Fairfield Community High School, operated by the defendant Fairfield Community High School District No. 225. (We refer to them both as "Fairfield," as there is no distinction important to this appeal.) Fairfield prohibited its band members from departing from the planned musical program during band performances...

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