DOE EX REL. DOE v. SCHOOL DIST. OF CITY OF NORFOLK

No. 02-4135.

340 F.3d 605 (2003)

John DOE, a minor, by and through his mother and next friend, Mary DOE; Mary Doe, Plaintiffs-Appellants, v. THE SCHOOL DISTRICT OF THE CITY OF NORFOLK, in the County of Madison, a/k/a School District Number 2 of Madison County, Nebraska, a political subdivision; Randy Nelson, in his individual and official capacities; James Scheer, in his individual and official capacities, Defendants-Appellees. Anti-Defamation League, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2003.

Order Denying Petition for Rehearing and for Rehearing October 16, 2003.


Attorney(s) appearing for the Case

Judge Morris S. Arnold and Judge Murphy would grant the petition for rehearing en banc.

Herbert J. Friedman, argued, Lincoln, NE (Amy A. Miller and Daniel H. Friedman, on the brief), for appellant.

Jefferson Downing, argued, Lincoln, NE, for appellee James Scheer.

Randall L. Goyette, argued, Lincoln NE (Jarrod S. Boitnott, on the brief), for appellees School District No. 2 of Madison County, NE and Randy Nelson.

Before MORRIS SHEPPARD ARNOLD and RILEY, Circuit Judges, and BOGUE, District Judge.


Order Denying Petition for Rehearing and for Rehearing En Banc October 16, 2003*.

BOGUE, District Judge.

Plaintiffs-Appellants John Doe, a minor, and Mary Doe, his mother and next friend, appeal the district court's2 dismissal of their Establishment Clause claims which arose, in part, as a result of a recitation of a Christian prayer commonly known as the Lord's Prayer at a high school graduation ceremony...

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