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CHANDLER v. JAMES

Nos. 97-6898, 97-6953.

180 F.3d 1254 (1999)

Michael CHANDLER, individually and as next friend of his son, Jesse Chandler, et al., Plaintiffs-Appellees, v. Fob JAMES, Jr., in his official capacity as Governor of the State of Alabama and President of the State Board of Education, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 13, 1999.

Attorney(s) appearing for the Case

Bill Pryor, Attorney General, Thomas F. Parker, IV, Asst. Attorney General, Jere L. Beasley, Montgomery, AL, A. Eric Johnston, Birmingham, AL, Jay Alan Sekulow, Washington, DC, Stuart J. Roth, Mobile, AL, for Defendants-Appellants.

Bart Harmon, Webb & Eley, PC, Montgomery, AL, Forrest H. James, III, Birmingham, AL for Fob James.

Gerald A. Templeton, Lloyd, Schreiber & Gray, Birmingham, AL, for Talladega City Bd. of Education.

Steven Green, Americans United, Washington, DC, for Plaintiffs-Appellees.

Marc D. Stern, New York City, Elizabeth J. Hubertz, Pam Sumners, Birmingham, AL, for American Jewish Congress, Amicus Curiae.

Eric P. Schroeder, Powell, Goldstein, Frazer & Murphy, LLP, Atlanta, GA, for Anti-Defamation League & People for American Way Foundation, Amicus Curiae.

Before TJOFLAT, Circuit Judge, and GODBOLD and HILL, Senior Circuit Judges.

HILL, Senior Circuit Judge:

Plaintiffs brought this action challenging the facial constitutionality of Alabama's statute permitting non-sectarian, non-proselytizing student-initiated prayer, invocations and benedictions during compulsory or non-compulsory school-related assemblies, sporting events, graduation ceremonies and other school-related events. Plaintiffs also challenged the statute as applied by the DeKalb County School Board. The district court held the...

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