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RUSK v. CRESTVIEW LOCAL SCHOOL DIST.

No. 02-3991.

379 F.3d 418 (2004)

Steve RUSK, Individually and as the Father, Natural Guardian and Next Friend of Daniel and David Rusk, Minors, Plaintiff-Appellee, v. CRESTVIEW LOCAL SCHOOL DISTRICT, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 12, 2004.

Attorney(s) appearing for the Case

Scott T. Greenwoeed (argued), Jillian S. Davis (briefed), American Civil Liberties Union of Ohio Foundation, Raymond Vasari (briefed), CLeveland, OH, for Plaintiffs-Appelllees.

Scott C. Peters (argued), David A. Rose (briefed), David Kane Smith (briefed), Britton, Smith, Peters & Kalail, Cleveland OH, for Defendants-Appellants.

Gregory S. Baylor, Christian Legal Society, Nathan A. Adams, IV (briefed), Center for Law and Religious Freedom, Annandale, VA, for Amicus Curiae.

Walter M. Weber (briefed), Jay A. Sekulow (briefed), American Center for Law and Justice, Washington, DC, for Amicus Curiae.

Before: BATCHELDER, GIBBONS, and COOK, Circuit Judges.

OPINION

COOK, Circuit Judge.

Defendant-Appellant Crestview Elementary School appeals the district court's grant of partial summary judgment in favor of Plaintiff-Appellee Steve Rusk on Rusk's action challenging Crestview's practice of placing flyers from community organizations advertising religious activities in students' school mailboxes. The district court, ruling that Crestview's practice violated the Establishment Clause of the First Amendment, issued...

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