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MORRISON v. BOARD OF EDUCATION OF BOYD COUNTY

No. Civ.A. 05-38-DLB.

419 F.Supp.2d 937 (2006)

Timothy Allen MORRISON, II, by and through his next friends, Timothy MORRISON and Mary Morrison, Timothy and Mary Morrison, Brian Nolen and Debora Jones, Plaintiffs, v. BOARD OF EDUCATION OF BOYD COUNTY, KENTUCKY, Defendant, Sarah Alcorn, William Carter, David Fannin, Libby Fugett, Tyler McClelland and Jane Doe, Intervenor-Defendants.

United States District Court, E.D. Kentucky.

February 17, 2006.

Attorney(s) appearing for the Case

Joel L. Oster, Kevin Hayden Theriot, Alliance Defense Fund, Leawood, KS, John F. Billings, Greenebaum, Doll & Mcdonald, PLLC, Lexington, KY, Joseph Platt, Cincinnati, OH, for Plaintiff.

Elaina L. Holmes, Kimberly S. McCann, Vanantwerp, Monge, Jones & Edwards, Ashland, KY, Winter R. Huff, Law Offices of John G. Prather, Somerset, KY, for Defendant.

James D. Esseks, Sharon M. McGowan, ACLU Foundation, New York, NY, Lili Solinger Lutgens, ACLU of Kentucky, David A. Friedman, Fernandez, Friedman, Grossman & Kohn, Louisville, KY, for Intervenor Defendant.

MEMORANDUM OPINION AND ORDER

BUNNING, District Judge.

This matter is before the Court upon the parties' cross motions for summary judgment [Docket Nos. 48, 49 and 50]. The motions have been fully briefed by the parties and this matter is now ripe for decision.

I. FACTUAL BACKGROUND

This matter was borne of another lawsuit, Boyd County High School Gay Straight Alliance, et al. v. Board of Education of Boyd County, et...

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