OHLSON v. PHILLIPS

Civ. A. No. C-1535.

304 F.Supp. 1152 (1969)

Morton K. OHLSON et al., Plaintiffs, v. Kenneth PHILLIPS, President, Metropolitan State College; A. Ray Chamberlain, President of Colorado State University; Frederick P. Thieme, President, University of Colorado; Duke W. Dunbar, Attorney General of the State of Colorado; Bryon W. Hansford, Commissioner of Education for the State of Colorado; Robert D. Gilberts, Superintendent of Schools, School District No. 1, Denver, Colorado; Dr. John A. Marvel, President, Adams State College; Dr. Darrell Holmes, President, Colorado State College; Dr. Harlan Bryant, President, Western State College; Dr. J. Victor Hopper, President, Southern Colorado State College, Defendants.

United States District Court D. Colorado.

October 16, 1969.


Attorney(s) appearing for the Case

William F. Reynard, Denver, Colo., for plaintiffs.

Alperstein & Plaut P. C., by Susan Graham Barnes, Lakewood, Colo., Craig Murdock, Denver, Colo., for American Civil Liberties Union.

Duke W. Dunbar, Atty. Gen., Denver, Colo., Michael T. Haley, Asst. Atty. Gen., Denver, Colo., John P. Holloway, Asst. Atty. Gen., Boulder, Colo., John E. Bush, Asst. Atty. Gen., c/o Colorado State University, Fort Collins, Colo., for defendants, Kenneth Phillips, A. Ray Chamberlain, Frederick P. Thieme, Duke W. Dunbar, Bryon W. Hansford, Dr. John A. Marvel, Dr. Darrell Holmes, Dr. Harlan Bryant and Dr. J. Victor Hopper.

Henry, Cockrell, Quinn & Creighton, by Victor Quinn, Denver, Colo., for defendant Robert D. Gilberts.

Before BREITENSTEIN, Circuit Judge, and THEIS and DOYLE, District Judges.


MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, Judge.

Plaintiffs herein are teachers in the state universities and colleges in Colorado1 and in the Denver public schools. They seek an injunction restraining the implementation of a loyalty oath required to be taken by every person employed to teach in state public schools or institutions of higher education.

Jurisdiction is based upon 28 U.S.C. § 1343(3) and 42 U...

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