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PECK v. UPSHUR COUNTY BD. OF EDUC.

No. 96-2544.

155 F.3d 274 (1998)

Mary Pat PECK; Jeannie O'Halloran; Thomas Lynch, Plaintiffs-Appellants, Grace Glaser Lynch; James Lockhart, Plaintiffs, v. UPSHUR COUNTY BOARD OF EDUCATION; Richard G. Hoover, in his official capacity as superintendent of Upshur County Schools, Defendants-Appellees. Americans United for Separation of Church and State; the American Jewish Congress; Texas Justice Foundation, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 14, 1998.

Attorney(s) appearing for the Case

ARGUED: Robert Milton Bastress, Jr., Morgantown, West Virginia, for Appellants. James Jeffrey Knicely, Knicely & Cotorceanu, P.C., Williamsburg, Virginia, for Appellees. ON BRIEF: Allan N. Karlin, Allan N. Karlin & Associates, Morgantown, West Virginia, for Appellants. Professor Gary C. Leedes, T.C. Williams School of Law, University of Richmond, Richmond, Virginia; Michael D. Lorensen, Bowles, Rice, McDavid, Graff & Love, Martinsburg, West Virginia, for Appellees. Steven K. Green, Julie A. Segal, Americans United For Separation of Church and State, Washington, DC, for Amicus Curiae Americans United. Marc D. Stern, American Jewish Congress, New York City, for Amicus Curiae Congress. Eric Bohnet, Midland, Texas; Gregory S. Coleman, Shelton M. Vaughan, Robert W. Higgason, Weil, Gotshal & Manges, L.L.P., Houston, Texas, for Amicus Curiae Foundation.

Before LUTTIG and MOTZ, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part and reversed in part by published opinion. Judge LUTTIG wrote the opinion, in which Senior Judge MICHAEL joined. Judge DIANA GRIBBON MOTZ wrote an opinion concurring in part and dissenting in part.

OPINION

LUTTIG, Circuit Judge:

The Upshur County West Virginia School Board has, for some years now, allowed non-student, private groups such as Little League, Boy Scouts, Girl Scouts, 4-H, and the Women's Christian Temperance Union to...

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