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MONTGOMERY v. BOARD OF EDUC.

581-021-0034-4-00; A117678.

71 P.3d 94 (2003)

188 Or. App. 63

James MONTGOMERY, Ellen Montgomery, Andy Montgomery, Greg Nakashima, Esther Nakashima, Greg Nakashima, and Anthony Nakashima, Petitioners, v. BOARD OF EDUCATION and Oregon School Activities Association, Respondents.

Court of Appeals of Oregon.

Decided June 5, 2003.

Attorney(s) appearing for the Case

Charles F. Hinkle argued the cause for petitioners. With him on the opening brief were Jeremy D. Sacks, Portland, William R. Long, and ACLU Foundation of Oregon, Inc.

Michael D. Reynolds, Assistant Attorney General, argued the cause for respondent Board of Education. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jonathan M. Radmacher, Portland, argued the cause for respondent Oregon School Activities Association. With him on the brief was McEwen Gisvold, LLP.

Before EDMONDS, Presiding Judge, and KISTLER and BREWER, Judges.

BREWER, J.

Petitioners seek review of a decision of respondent State Board of Education that held that respondent Oregon School Activities Association (OSAA) did not unlawfully discriminate when it refused to agree to adjust the Class 2A boys' basketball tournament schedule to ensure that the student petitioners (the students)1 would not be scheduled to play on their Sabbath. Petitioners Andy Montgomery, Greg Nakashima, and Anthony Nakashima...

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