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SWANSON BY AND THROUGH SWANSON v. GUTHRIE ISD I-L

No. 96-6354.

135 F.3d 694 (1998)

Annie SWANSON, a minor child, By and Through her parents and next friends, Dennis SWANSON and Lucy Swanson, Plaintiffs-Appellants, v. GUTHRIE INDEPENDENT SCHOOL DISTRICT NO. I-L; Melvin Scheihing, President; Karl Kinney, 1st Vice President; RICK DAVIS, 2nd Vice President; Hugh Plagg, Member; Evans G. Fowler, Member; Robert Hudson, Member; Janna Pierson, Member; Don Bowman, Superintendent; J.E. Haney, Principal, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 29, 1998.

Attorney(s) appearing for the Case

Douglas Laycock, University of Texas School of Law, Austin, TX (A. Daniel Woska, Conner L. Helms of Woska Helms Dowd Underwood & Hasbrook, Oklahoma City, OK; Todd A. McKinnis of McAlister, McAlister & Burnett, P.C., Edmond OK; Kelly Shakelford of The Rutherford Institute, Dallas, TX, were on the briefs), for Plaintiffs-Appellants.

Jerry A. Richardson (Frederick J. Hegenbart with him on the brief) of Rosenstein, Fist & Ringold, Tulsa, OK, for Defendants-Appellees.

Walter A. Smith, Jr., Steven J. Routh, and Barbara J. de La Viez of Hogan & Hartson, L.L.P., Washington, DC; Kathryn W. Bradley of Hogan & Hartson, L.L.P., Denver, CO, filed an amici curiae brief.

Before BRORBY and McWILLIAMS, Circuit Judges, and BLACK, District Judge.

BLACK, District Judge.

Annie Swanson and her parents as next friends (Plaintiffs) appeal the district court's grant of summary judgment to Defendants. Annie had filed suit claiming that Defendants' refusal to allow her to attend public school on a part-time basis violated her rights under the Free Exercise Clause of the United States Constitution, her parents' constitutional right to direct her education, and her rights under Oklahoma state law.2...

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