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DONOVAN EX REL. DONOVAN v. PUNXSUTAWNEY SCHOOL BD.

No. 02-3897.

336 F.3d 211 (2003)

Melissa DONOVAN, A Minor, By Michael DONOVAN and Julie Donovan, Her Parents, Plaintiff-Appellant, v. The PUNXSUTAWNEY AREA SCHOOL BOARD; Dr. J. Thomas Frantz, Individually and in his Capacity as Superintendent of the Punxsutawney Area High School; Allen Towns, Individually and in his Capacity as Principal of the Punxsutawney Area High School; and David London, Individually and in his Capacity as Principal of the Punxsutawney Area High School, Defendants-Appellees.

United States Court of Appeals, Third Circuit.

July 15, 2003.

Attorney(s) appearing for the Case

Lawrence G. Paladin, Jr. (argued), Participating Attorney for The, Rutherford Institute, Paladin Law Offices, Pittsburgh, PA, John W. Whitehead, Steven H. Aden, Rita Dunaway, M. Casey Mattox, The Rutherford Institute, Charlottesville, VA, for Appellant.

Eric W. Treene (argued), Ralph F. Boyd, Jr., Assistant Attorney General, J. Michael Wiggins, Principal Deputy Attorney General, Mark L. Gross, Andrea Picciotti-Bayer, United States Department of Justice, Civil Rights Division, Washington, DC, Amicus Curiae in Support of Appellant.

Kimberlee Wood Colby, Gregory S. Baylor, Nathan A. Adams, Center for Law and Religious Freedom of the Christian Legal, Society, Annandale, VA, Amicus Curiae in Support of Appellant.

Michael D. Seymour (argued), Feczko and Seymour, Pittsburgh, PA, for Appellees.

Before: RENDELL, SMITH and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Former Punxsutawney Area High School student Melissa Donovan appeals from an adverse decision concluding that the Equal Access Act did not entitle her to convene a Bible club during her school's morning "activity period" — a time during which other noncurriculum related student groups met. Specifically, she appeals from the District Court's denial of her motion for a preliminary injunction and the court...

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