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GOULART v. MEADOWS

No. 02-1962.

345 F.3d 239 (2003)

Lydia Goulart; Kyle Travers, Plaintiffs-Appellants, v. Paul D. Meadows, in his official capacity as Division Chief of the Calvert County Parks and Recreation Department; Board of County Commissioners of Calvert County, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: September 26, 2003.

Attorney(s) appearing for the Case

ARGUED: Michael Paul Farris, Home School Legal Defense Association, Purcellville, Virginia, for Appellants. Daniel Karp, Allen, Karpinski, Bryant & Karp, Baltimore, Maryland, for Appellees. BRIEF: James R. Mason, III, Home School Legal Defense Association, Purcellville, Virginia; Jordan W. Lorance, Alliance Defense Fund Law Center, Scottsdale, Arizona, for Appellants. Victoria Shearer, Allen, Karpinski, Bryant & Karp, Baltimore, Maryland, for Appellees.

Before NIEMEYER and MOTZ, Circuit Judges, and Joseph R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge GOODWIN wrote the opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge NIEMEYER wrote an opinion concurring in part, dissenting in part, and concurring in the judgment.

OPINION

GOODWIN, District Judge.

The Board of County Commissioners of Calvert County, Maryland (Calvert County or the Board) has a policy in place prohibiting the use of its community centers for private educational instruction intended to...

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