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ROARK v. SOUTH IRON R-1 SCHOOL DIST.

No. 08-1847.

573 F.3d 556 (2009)

Lonney ROARK, et al., Plaintiffs-Appellees, v. SOUTH IRON R-1 SCHOOL DISTRICT, et al., Defendants-Appellants, Foundation for Moral Law, Amicus on Behalf of Appellants, American Jewish Congress; Americans United for Separation of Church and State, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2009.

Attorney(s) appearing for the Case

Mathew D. Staver, argued, Maitland, FL, (Stephen M. Crampton, Mary Elizabeth McAlister, Lynchburg, VA, Anita Staver, Maitland, FL, on the brief), for Appellants.

Roy S. Moore, Bemjamin D. DuPre', Gregory M. Jones, Mongamery, AL, on the brief, for Amicus Curiae on Behalf of Appellants.

Leonard J. Frankel, argued, St. Loius, MO, (Anthony E. Rothert, St. Loius, MO, on the brief) for Appellee.

Marc D. Stern, Charles G. Moerdler, Christopher Fletcher, David Khane, New York, NY, Ayehsa N. Khan, Alexander Joseph Luchenitser, Washington, DC, Kristina Silja Bernard, Seattle, WA, on the brief, for Amicus Curiae on Behalf of Appellees.

Before LOKEN, Chief Judge, BEAM, Circuit Judge, and KYLE, District Judge.

LOKEN, Chief Judge.

For some thirty years, school officials at South Iron Elementary School in Iron County, Missouri, permitted representatives of Gideons International to distribute Bibles to fifth grade students in the classroom, during the school day, in the presence of a teacher or school administrator. In February 2006, parents of several elementary school students commenced this action against the School District, members of the Board of Education, and school...

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