449 F2d 153 Christmas v. El Reno Board of Education Independent School District No

449 F.2d 153

Gary CHRISTMAS, a Minor, by his Father and next friend, William R. Christmas, Plaintiff-Appellant,
v.
The EL RENO BOARD OF EDUCATION, INDEPENDENT SCHOOL DISTRICT NO. 34, et al., Defendants-Appellees.

No. 709-70.

United States Court of Appeals, Tenth Circuit.

September 28, 1971.

Philip F. Horning, Oklahoma City, Okl. (Bulla & Horning, Vance Raye, Oklahoma City, Okl., and Melvin L. Wulf, New York City, and Merton M. Bulla, Oklahoma City, Okl., of counsel, on the brief) for plaintiff-appellant.

Richard M. Fogg, El Reno, Okl. and Harvey L. Harmon, Oklahoma City, Okl. (Fogg & Fogg, El Reno, Okl. and Franklin, Harmon & Satterfield, Oklahoma City, Okl. and Rupert M. Fogg, El Reno, Okl., of counsel, on the brief) for defendants-appellees.

Before BREITENSTEIN, HILL and BARRETT, Circuit Judges.

PER CURIAM.

1

By his complaint plaintiff-appellant Christmas attacked the constitutionality of a school regulation pertaining to the length of a student">student's hair. The district court denied declaratory and injunctive relief, 313 F.Supp. 618. The facts differ from Freeman v. Flake and other hair cases decided this day in that the student">student was not suspended but was refused the right to attend commencement exercises and to receive a diploma. Instead he was given a certificate of graduation and accompanying transcript which are the only officially recognized documents or records evidencing graduation.

2

The judgment is affirmed. See Freeman v. Flake, 10 Cir., 448 F.2d 258.