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BRABSON v. FLOYD COUNTY BD. OF EDUC.

Civil No. 10-159-ART.

862 F.Supp.2d 571 (2012)

Carey BRABSON, Plaintiff, v. FLOYD COUNTY BOARD OF EDUCATION, et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

May 30, 2012.

Attorney(s) appearing for the Case

Bruce Clark Batten, II, Martin & Vincent, Ashland, KY, for Plaintiff.

Michael J. Schmitt, Jonathan C. Shaw, Porter, Schmitt, Banks & Baldwin, Paintsville, KY, for Defendants.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

Where does government end and business begin? Plaintiff Carey Brabson believes that a board of education acts like a business when it opens the schoolhouse gates to an outside group for its own use. But the Floyd County Board of Education did not expect or realize any profit when it allowed the parents of a self-funded, school sports team to conduct a fundraiser on school property. By providing...

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