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SELMAN v. COBB COUNTY SCHOOL DIST.

Nos. 05-10341, 05-11725.

449 F.3d 1320 (2006)

Jeffrey Michael SELMAN, Kathleen Chapman, Jeff Silver, Paul Mason, Terry Jackson, Plaintiffs-Appellees, Debra Anne Power, Plaintiff, v. COBB COUNTY SCHOOL DISTRICT, Cobb County Board of Education, Joseph Redden, Superintendent, Defendants-Appellants. Kathleen Chapman, Jeff Silver, Paul Mason, Terry Jackson, Plaintiffs-Appellees, Debra Anne Power, Plaintiff, Cobb County School District, Cobb County Board of Education, Joseph Redden, Superintendent, Plaintiffs-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 25, 2006.

Attorney(s) appearing for the Case

E. Linwood Gunn, IV, Carol A. Callaway, Brock, Clay & Calhoun, P.C., Marietta, GA, for Defendants-Appellants.

David G.H. Brackett, Jeffrey O. Bramlett, Bondurant, Mixson & Elmore, LLP, Gerald R. Weber, Margaret Fletcher Garrett, ACLU, Emily Hammond Meazell, University of GA Sch. of Law, Atlanta, GA, for Plaintiffs-Appellees.

Benjamin David DuPré, Foundation for Moral Law, Troy King, AL Atty. Gen. Office, Montgomery, AL, George Weaver, Hollberg & Weaver, LLP, Bruce Perrin Brown, Mark S. Kauffman, McKenna, Long & Aldridge, LLP, L. Lynn Hogue, Anne S. Emanuel, GA State University College of Law, Craig Lewis Goodmark, Goodmark LAw Firm, David A. Webster, Atlanta, GA, Kevin Hayden Theriot, Alliance Defense Fund, Leawood, KS, David M. Liberman, Law Offices of David M. Liberman, Los Angeles, CA, Richard Mancino, Willkie, Farr & Gallagher, LLP, Marc D. Stern, American Jewish Congress, Meir Feder, Jones Day, New York City, for Amici Curiae.

Before CARNES, HULL and PRYOR, Circuit Judges.

CARNES, Circuit Judge:

This is the Cobb County, Georgia evolution sticker case. It involves a message of thirty-three words on a sticker that the defendant school district and board of education had affixed inside the front cover of some science textbooks used in the public schools of the county. The plaintiffs, all of whom had children in those schools, brought suit claiming that the sticker violated the Establishment Clause of the First Amendment. Following a bench...

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