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FLEMING v. JEFFERSON COUNTY SCHOOL DIST. R-1

No. 01-1512.

298 F.3d 918 (2002)

Donald F. FLEMING; Deidra A. Fleming; Lisa M. Maurer; Brian E. Rohrbough; Susan A. Petrone; Richard P. Petrone, (individually), and Nicole M. Petrone, a minor child, by and through her father and next friend Richard P. Petrone, Plaintiffs-Appellees, v. JEFFERSON COUNTY SCHOOL DISTRICT R-1, a Colorado Quasi-Municipal corporation, Defendant-Appellant, and Jon DeStefano, Tori Merritts, David R. Digiacomo, Debby Oberbeck and Vince Chowdhury, individually and in their official capacities, Defendants, American Center for Law and Justice, Christian Legal Society, Catholic League for Religious and Civil Rights, Ethics and Religious Liberty Commission, Family Research Council, Focus on the Family, National Association of Evangelicals, and the Navigators, Amici curiae.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing and Suggestion for Rehearing August 16, 2002.

Attorney(s) appearing for the Case

W. Stuart Stuller (Alexander Halpern and Susan S. Schermerhorn of Caplan and Earnest LLC, Boulder, CO, with him on the briefs) for Defendant-Appellant.

James P. Rouse (Steven H. Aden of The Rutherford Institute, Charlottesville, VA, and William Scott Johns, Louisville, CO, with him on the brief) of Rouse & Associates, P.C., Greenwood Village, CO, for Plaintiffs-Appellees.

Stuart J. Lark and Gregory S. Baylor of Center for Law and Religious Freedom, Christian Legal Society, Annandale, VA, for Christian Legal Society, Catholic League for Religious and Civil Rights, Ethics and Religious Liberty Commission, Family Research Council, Focus on the Family, National Association of Evangelicals, and The Navigators, amici curiae in support of Plaintiffs-Appellees.

Gregory N. Bryl, David A. Cortman, Stuart J. Roth, and Jay Alan Sekulow of American Center for Law and Justice, Alexandria, VA and Washington, DC, for The American Center for Law and Justice, amicus curiae in support of Plaintiffs-Appellees.

Before EBEL, HENRY and MURPHY, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc August 16, 2002.

EBEL, Circuit Judge.

Defendant-Appellant, Jefferson County School District ("the District"), appeals the district court's judgment granting declaratory and injunctive relief to Plaintiffs-Appellees, Donald Fleming et al. The district court entered judgment for the Plaintiffs, holding that the District's guidelines governing a tile painting project at Columbine High School...

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