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ADLER v. DUVAL COUNTY SCHOOL BD.

Nos. 98-2709, 98-2720.

250 F.3d 1330 (2001)

Emily ADLER, individually; on behalf of herself and all persons similarly situated, Seth Finck, individually; on behalf of himself and all persons similarly situated, et al., Plaintiffs-Appellants, v. DUVAL COUNTY SCHOOL BOARD, Duval County Public School District, Defendants-Appellees. Emily Adler, individually; on behalf of herself and all persons similarly situated, Seth Finck, individually; on behalf of himself and all persons similarly situated, et al., Plaintiffs-Appellees, v. Susan Boles, as parent & next friend of Rebecca Boles, a minor child and on behalf of all public school students within the Duval County Public School District, Movants-Appellants.

United States Court of Appeals, Eleventh Circuit.

DECIDED May 11, 2001.

Attorney(s) appearing for the Case

William J. Sheppard, D. Gray Thomas, Sheppard, White & Thomas, P.A., Jacksonville, FL, David B. IsBell, Covington & Burling, Washington, DC, for Adler.

Richard A. Mullaney, Ernst D. Mueller, Michael B. Wedner, Jacksonville, FL, Mathew Duane Staver, Longwood, FL, Frederick Herbert Nelson, Law Offices of Frederick Herbert Nelson, PA, Altamonte Springs, FL, for Duval Cty. Sch. Bd.

Mathew D. Staver, Frederick H. Nelson, Staver & Associates, Orlando, FL, for Boles.

Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, BIRCH, DUBINA, CARNES, BARKETT, HULL, MARCUS, WILSON, KRAVITCH and COX, Circuit Judges.

MARCUS, Circuit Judge:

On March 15, 2000, this Court ruled that Duval County's facially-neutral policy permitting high school seniors to vote upon the delivery by a student of a message entirely of that student's choosing as part of graduation ceremonies did not violate the Establishment Clause. Adler v. Duval County Sch. Bd., 206 F.3d 1070 (11th Cir.) (en banc), pet. for cert. granted and judgment vacated, 531 U.S....

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