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PALMER EX REL. PALMER v. WAXAHACHIE INDEP. SCHOOL

No. 08-10903.

579 F.3d 502 (2009)

Paul T. PALMER, by and Through His Parents and Legal Guardians, Paul D. PALMER and Dr. Susan Gonzalez Barker, Plaintiff-Appellant, v. WAXAHACHIE INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 13, 2009.

Attorney(s) appearing for the Case

Allyson N. Ho (argued), Morgan, Lewis & Bockius, L.L.P., Houston, TX, Hiram Stanley Sasser, Kelly J. Shackelford, Liberty Legal Institute, Plano, TX, for Plaintiff-Appellant.

Sara Louise Hardner Leon (argued), Powell & Leon, William C. Bednar, Jr., Law Office of William C. Bednar, Austin, TX, for Defendant-Appellee.

Steven W. Fitschen, Nat. Legal Found., Virginia Beach, VA, for Amicus Curiae, Nat. Legal Found.

Eliot D. Shavin, Dallas, TX, Charles Ernest Baruch (argued), The Law Office of Chad Baruch, Rowlett, TX, for Amicus Curiae, Batmen.

Christopher Blewer Gilbert (argued), Thompson & Horton, LLP, Houston, TX, for Amicus Curiae, Tex. Ass'n of Sch. Bds. Legal Assistance Fund.

Walter M. Weber, Am. Ctr. for Law & Justice, Washington, DC, for Amicus Curiae, Am. Ctr. for Law & Justice.

Before HIGGINBOTHAM, SMITH and SOUTHWICK, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Paul Palmer, a student at Waxahachie High School, submitted three shirts for approval under the dress code of Waxahachie Independent School District ("the District"), whose administration told Palmer the shirts violated the code and could not be worn to school. Palmer sued and requested a preliminary injunction, which the district court denied. He appeals, and we affirm.

I.

On September 21, 2007, Palmer, then a sophomore...

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