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HERNDON v. CHAPEL HILL-CARRBORO CITY BD. OF EDUC.

Civ. No. 1:94CV00196.

899 F.Supp. 1443 (1995)

Aric HERNDON, a minor, by Christiana and John HERNDON, as Guardians, and in their own right, and John Reinhard, III, a minor, by John and Ellen Reinhard, as Guardians, and in their own right, Plaintiffs, v. CHAPEL HILL-CARRBORO CITY BOARD OF EDUCATION; Ken Touw, Sue Baker, Lavonda Burnette, Mary Bushnell, Judith Ortiz, Mark Royster, Ruth Royster, in their official capacities as members of the Chapel Hill-Carrboro City Board of Education; and Neil G. Pedersen, in his official capacity as Superintendent of Chapel Hill-Carrboro City Schools, Defendants.

United States District Court, M.D. North Carolina, Durham Division.

July 19, 1995.

Attorney(s) appearing for the Case

Robert H. Edmunds, Jr., Stern, Graham & Klepfer, Greensboro, NC, William H. Mellor, III, Clint Bolick, Scott G. Bullock, Institute for Justice, Washington, DC, for Aric Herndon, Christiana Herndon, John Herndon, John Reinhard, Ellen Reinhard.

John G. McCormick, Chapel Hill, NC, Eric W. Hinson, Law Office of John G. McCormick, P.A., Chapel Hill, NC, for Chapel Hill-Carrboro City Board of Education, Ken Touw, Sue Baker, Lavonda Burnette, Mary Bushnell, Judith Ortiz, Mark Royster, Ruth Royster, Neil G. Pedersen.

Richard A. Schwartz, Richard Schwartz & Associates, Raleigh, NC, Joseph R. Guerra, Dennis D. Hirsch, Sidley & Austin, Washington, DC, Robert Teir, American Alliance for Rights & Responsibilities, Washington, DC, for Kate Breen, Amy Cloud, Amy Rouse.

MEMORANDUM OPINION

BULLOCK, Chief Judge.

This case, involving a program in the Chapel Hill-Carrboro School System requiring students to perform fifty (50) hours of unpaid community service outside of the normal school hours during their high school years as a condition of their graduation, comes before the court on cross-motions for summary judgment filed by all parties. Plaintiffs seek a declaration that the Program violates the United States Constitution...

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