Banks v. Board of Public Instruction of Dade County, 71-2177.

Decision Date30 November 1971
Docket NumberNo. 71-2177.,71-2177.
PartiesAndrew Robert BANKS, Plaintiff-Appellee, v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, Defendant-Appellant.
CourtU.S. Court of Appeals — Fifth Circuit

Frank A. Howard, Jr., James T. Schoenbrod, Miami, Fla., for defendant-appellant.

Richard Yale Feder & Arma Feder, Tobias Simon, Miami, Fla., for plaintiff-appellee.

Before TUTTLE, GEWIN and DYER, Circuit Judges.

PER CURIAM:

Affirmed. See Local Rule 21.1

1 See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).

This case originated as a three-judge case, Banks v. Board of Public Instruction of Dade County, 314 F.Supp. 285 (S.D.Fla.1970) and was reversed and remanded for a fresh decree by the Supreme Court, 401 U.S. 988, 91 S.Ct. 1223, 28 L.Ed.2d 526 (1971). Upon remand the single district judge entered the order here appealed adopting as his findings of fact and conclusions of law that portion of the opinion of the three-judge court concerning the Frist Amendment challenge to Board Regulation 6122.

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  • Gillman v. School Bd. for Holmes Cnty., Fl, No. 5:08CV34-RS-MD.
    • United States
    • U.S. District Court — Northern District of Florida
    • July 24, 2008
    ...vacated by 401 U.S. 988, 91 S.Ct. 1223, 28 L.Ed.2d 526 (1971), reinstated without published opinion by dist. ct. and aff'd, 450 F.2d 1103 (5th Cir.1971) (holding that students' refusal to stand during the Pledge of Allegiance was constitutionally protected by First On the other hand, the El......
  • Lopez v. Williams
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    • February 19, 1974
    ...419 F.2d 195 (6th Cir. 1969); Banks v. Board of Public Instruction of Dade County, 314 F.Supp. 285, 289 (S.D.Fla.1970), affirmed, 450 F.2d 1103 (5th Cir. 1971) vacated to permit timely filing of appeal, 401 U.S. 988, 91 S.Ct. 1223, 28 L.Ed.2d 526 (1971). The Courts have vigorously asserted ......
  • Holloman ex rel. Holloman v. Harland
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    • May 28, 2004
    ...vacated by 401 U.S. 988, 91 S.Ct. 1223, 28 L.Ed.2d 526 (1971), reinstated without published opinion by dist. ct. and aff'd, 450 F.2d 1103 (5th Cir.1971), a case similar to this one, where a student was suspended for failing to stand during the Pledge of Allegiance. The district court held, ......
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