FREILER v. TANGIPAHOA PARISH BD. OF EDUC.

Nos. 97-30879, 98-30132.

201 F.3d 602 (2000)

Herb FREILER; Sam Smith, Individually and in his capacity as Administrator of the Estate of his minor child Steven Smith; John Jones, Plaintiffs-Appellees, v. TANGIPAHOA PARISH BOARD OF EDUCATION; E.F. Bailey; Robert Caves; Maxine Dixon; Leroy Hart; Ruth Watson; Donnie Williams, Sr.; Art Zieske, Individually and in their capacities as members of the School Board; Ted Cason, Individually and in his capacity as Superintendent of Schools, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 24, 2000.


Attorney(s) appearing for the Case

Marjorie Ruth Esman, New Orleans, LA, for Plaintiffs-Appellees.

Barry Weldon Ashe, William D. Treeby, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, Kennth F. Sills, Karen Denise Murphy, Hammonds & Sills, Baton Rouge, LA, for Defendants-Appellants.

Edward McGlynn Gaffney, Jr., Los Angeles, CA, for Christian Legal Society and Union of Orthodox Jewish Congregation of America, Amicus Curiae.

Gary Joseph Simson, Cornell Law School, Glenn Graham Galbreath, Ithaca, NY, for National Committee for Public Ed. & Religious Liberty, Amicus Curiae.

Marc D. Stern, American Jewish Congress, New York City, for American Jewish Congress, Amicus Curiae.

Michael McIlwrath, Roger David Netzer, Willkie, Farr & Gallagher, New York City, for F National Center for Science Ed., Inc., Amicus Curiae.

Before KING, Chief Judge, and POLITZ and BENAVIDES, Circuit Judges.


PER CURIAM:

The School Board contends that the panel opinion misquoted the disclaimer's language, substituting and for or in a disclaimer passage. The School Board is correct. The particular passage as stated in the disclaimer reads as follows:

"It is further recognized by the Board of Education that it is the basic right and privilege of each student to form his/her own opinion or maintain beliefs taught by parents on this very important...

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