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STRAIGHTS AND GAYS FOR EQUALITY v. OSSEO SCHOOLS

No. 07-3576.

540 F.3d 911 (2008)

STRAIGHTS AND GAYS FOR EQUALITY (SAGE); N.R. by Her Next Friend and Parent S.R.; H.W. by Her Next Friend and Parent M.W., Appellees, v. OSSEO AREA SCHOOLS-DISTRICT NO. 279; Larry A. McGee, Member & Chairperson of the School Board of Osseo Schools — District 279, in his individual and official capacities; Dean G. Henke, Member & Vice Chairperson of the School Board of Osseo Area Schools — District 279, in his individual and official capacities; John L. Nelson, Member & Clerk of the School Board of Osseo Area Schools — District 279, in his individual and official capacities; Kim Green, Member & Treasurer of the School Board of Osseo Area Schools — District 279, in her individual and official capacities; Linda J. Etim, Member & Director of the School Board of Osseo Area Schools — District 279, in her individual and official capacities; Judith G. Peterzen, Member & Director of the School Board of Osseo Area Schools — District 279, in her individual and official capacities; John O'Sulllivan, Jr., Superintendent of Osseo Area Schools — District 279, in his individual and official capacities; Wendy Loberg, Principal of Maple Grove Senior High School, in her individual and official capacities; Maple Grove Senior High School; Dr. James L. Smith, former Interim Superintendent of Osseo Area Schools — District 279, in his individual capacity, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 29, 2008.

Attorney(s) appearing for the Case

Stephen Michael Knutson, argued, Lawrence J. Hayes, Jr, on the brief, Mendota Heights, MN, for appellant.

David P. Pinto, argued, Minneapolis, MN, Thomas C. Kayser, Genevieve M. Zimmerman, Minneapolis, MN, Teresa J. Nelson, St. Paul, MN, on the brief, for appellee.

Before SMITH, BOWMAN, and GRUENDER, Circuit Judges.

SMITH, Circuit Judge.

The Osseo Area School District ("the School District"), Maple Grove High School ("MGHS"), and various school board members and school staff (collectively "the appellants") appeal from an order of the district court1 granting partial summary judgment to Straights and Gays for Equality, N.R., and H.W. (collectively "SAGE"). The district court granted SAGE summary judgment on its Equal Access Act (EAA)

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