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WIGG v. SIOUX FALLS SCHOOL DIST. 49-5

No. 03-2956, 03-3107.

382 F.3d 807 (2004)

Barbara WIGG, Appellee/Cross-Appellant, v. SIOUX FALLS SCHOOL DISTRICT 49-5; Dr. Jack Keegan, in his individual and official capacity as Superintendent of the Sioux Falls School District, Appellant/Cross-Appellee, National School Boards Association; American Association of School Administrators; Associated School Boards of South Dakota; Iowa Association of School Boards; Minnesota School Boards Association, Amici on Behalf of Appellant/Cross-Appellee, The National Legal Foundation; Christian Educators Association International, Amici on Behalf of Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 3, 2004.

Rehearing and Rehearing Denied October 7, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Michael L. Luce of Sioux Falls, SD. Susan Brunick Simons, Sandra K. Hoglund and Dana Van Beek Palmer appeared on the brief.

Counsel who presented argument on behalf of the appellee was Mathew D. Staver of Longwood, FL. Erik W. Stanley, Joel L. Oster, Anita Staver, and Rena Lindevaldsen of Longwood, FL appeared on the brief.

Before SMITH, BEAM, and COLLOTON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 7, 2004.

SMITH, Circuit Judge.

Elementary teacher Barbara Wigg sued Sioux Falls School District 49-5 and Superintendent Dr. John Keegan (collectively referred to as "SFSD") to challenge SFSD's decision prohibiting her from participating in a Christian-based after-school program at schools in the school district. Wigg sought a preliminary injunction, a permanent injunction...

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