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BALTIC IND. SCH. DIST. v. SOUTH DAKOTA H. SCH. ACT. ASS'N

Civ. 73-4027.

362 F.Supp. 780 (1973)

BALTIC INDEPENDENT SCHOOL DISTRICT NO. 115 OF MINNEHAHA COUNTY, SOUTH DAKOTA, a school corporation, on behalf of itself and all others similarly situated, and Larry Underberg, a minor, by his next friend, Gerald Underberg, on behalf of himself and all others similarly situated, Plaintiffs, v. SOUTH DAKOTA HIGH SCHOOL ACTIVITIES ASSOCIATION, an unincorporated association, et al., Defendants.

United States District Court, D. South Dakota, S. D.

August 20, 1973.

Attorney(s) appearing for the Case

John N. Gridley, III, Sioux Falls, S. D., for plaintiffs.

Richard D. Hagerty, Doyle, Bierle & Hagerty, Yankton, S. D., for defendants.

MEMORANDUM DECISION AND ORDER

NICHOL, Chief Judge.

This is a class action authorized by Rule 23 of the Federal Rules of Civil Procedure. The plaintiffs seek permanent injunctive relief based upon an alleged violation of their constitutional rights under the fourteenth amendment and 42 U.S.C. Secs. 1981 and 1983. The Court grants such relief based upon the following findings of fact and conclusions of law.

Each year, two qualifying high school speech...

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