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WILEY v. FRANKLIN

Nos. CIV-1-78-1, CIV-1-78-2.

468 F.Supp. 133 (1979)

Katherine Ann WILEY, by next friend, David Wiley, and wife, Anna Wiley, Plaintiffs, v. John P. FRANKLIN, Conley R. Young, Mrs. C. M. Hooper, Rev. H. H. Battle, John David Kling, James L. McClanahan, E. S. Proctor, Jr., Members of the Board of Education of the City of Chattanooga, Tennessee, and the Board of Education of the City of Chattanooga, Tennessee, Defendants. Nancy SCHWARTZ, by next friend, Jack Wilkinson and Leah Mary Franke, by next friend, Robert E. Franke and wife, Dorothy Franke, Plaintiffs, v. James L. DOBSON, Jr., H. D. Duggan, Robert L. Frederick, James W. Hartley, John K. Witherspoon, Mrs. Helen W. Perry, Fred R. Skillern, Members of the Board of Education of Hamilton County, Tennessee, and the Board of Education of Hamilton County, Tennessee, Defendants.

United States District Court, E. D. Tennessee, S. D.

February 9, 1979.

Attorney(s) appearing for the Case

John L. Alley, Hixson, Tenn., for plaintiffs.

Eugene N. Collins, City Atty., Randall L. Nelson, Asst. City Atty., Ward Crutchfield, Asst. County Atty., Robert Kirk Walker, David B. Kesler and Frederick L. Hitchcock of Strang, Fletcher, Carriger, Walker, Hodge & Smith, Chattanooga, Tenn., for defendants.

OPINION

FRANK W. WILSON, Chief Judge.

These are actions for declaratory and injunctive relief based upon alleged violations by the defendants of the plaintiffs rights under the provisions of the First Amendment of the United States Constitution which declare that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . ." as that Amendment is made applicable...

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