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HUTCHINS v. DISTRICT OF COLUMBIA

No. 96-7239.

188 F.3d 531 (1999)

Tiana HUTCHINS, et al., Appellees, v. DISTRICT OF COLUMBIA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1999.

Attorney(s) appearing for the Case

Steven J. Rosenbaum argued the cause for appellant. With him on the briefs were John M. Ferren, Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, and Jason A. Levine. Charles F. Ruff, Deputy Corporation Counsel, entered an appearance.

Mark E. Nagle, Assistant United States Attorney, argued the cause as amicus curiae for appellant. With him on the brief were Wilma A. Lewis, United States Attorney, R. Craig Lawrence and Kimberly N. Brown, Assistant United States Attorneys.

Robert S. Plotkin argued the cause for appellees. With him on the brief was Arthur B. Spitzer.

Michael P. Farris was on the brief for amicus curiae Home School Legal Defense Association.

Before: EDWARDS, Chief Judge, WALD, SILBERMAN, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, and GARLAND, Circuit Judges.

Argued En Banc January 27, 1999.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Circuit Judges WALD, GINSBURG, KAREN LeCRAFT HENDERSON, and GARLAND join in Parts I, III, & IV.

Opinion concurring in part and concurring in the result filed by Chief Judge HARRY T. EDWARDS, with whom Circuit Judges WALD and GARLAND join in Part II.

Opinion concurring in part and concurring in the result filed by Circuit Judges WALD and GARLAND.

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