CHILD EVANG. FELLOWSHIP, NJ v. STAFFORD TP. SCHOOL

No. 03-1101.

386 F.3d 514 (2004)

CHILD EVANGELISM FELLOWSHIP OF NEW JERSEY INC., A New Jersey Not-For-Profit Corporation; Child Evangelism Fellowship of New Jersey, Inc. Bayshore Chapter, A New Jersey Unincorporated Association v. STAFFORD TOWNSHIP SCHOOL DISTRICT; Ronald L. Meinders, In His Official Capacity as Superintendent of Stafford Township School District; Ellen Bernstein; Brian Delaney; Thomas Dellane; Lisa Devaney; Raymond Fix; Denise Harrington; Scott Moses; William Power; Carol Williams, in their official capacities as members of the Board of Education for Stafford Township School District, Appellants.

United States Court of Appeals, Third Circuit.

October 15, 2004.


Attorney(s) appearing for the Case

Arthur G. Stein (argued), Stein, Supsie & Hoffman, Forked River, for Appellant.

Alex J. Luchenitser, Americans United for the Separation of Church & State, Washington, for Amicus Appellants, Americans United for Separation of Church and State, The Anti-Defamation League, People for the American Way, New Jersey Education Association, Stafford Township Education Association.

Nathan A. Adams, IV (argued), Kimberlee W. Colby, Annandale, for Appellee.

Eric W. Treene (argued), Angela M. Miller, United States Department of Justice, Washington, for Amicus-Appellee, United States.

Francis J. Manion, New Hope, for Amicus-Appellee, Joseph J. Hills.

Douglas Laycock, University of Texas at Austin School of Law, Austin, for Amicus-Appellees, National Association of Evangelicals Clifton Kirkpatrick, As Stated Clerk of the Presbyterian Church (U.S.A.) Union of Orthodox Jewish Congregations of America Pat Afalese Cathy Capozzi Gretchen Davis B. Keith Drayton Kimberly Freewsick Keith Ruff Lori Ruff.

Julie Underwood, National School Boards Association, Alexandria, for Amicus-Appellee, National School Boards Association.

Before ALITO, BARRY, and AMBRO, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge.

In this appeal, Stafford Township School District ("Stafford") and Stafford officials (collectively "Stafford") contesta preliminary injunction granted by the United States District Court for the District of New Jersey in favor of Child Evangelism Fellowship of New Jersey, Inc. and Child Evangelism of New Jersey, Inc.-Bayshore Chapter (collectively "Child Evangelism"). Finding that Child Evangelism was likely to...

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