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AMERICANS UNITED FOR SEP. OF CHURCH & STATE v. OAKEY

Civ. A. No. 6393.

339 F.Supp. 545 (1972)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE et al., Plaintiffs, v. Joseph H. OAKEY, as Commissioner of Education of the State of Vermont, and Frank H. Davis, as State Treasurer of the State of Vermont, Defendants, Rev. Raymond A. Adams, et al., Intervenors.

United States District Court, D. Vermont.

March 6, 1972.

Attorney(s) appearing for the Case

Franklin C. Salisbury, Washington, D. C., Richard H. Thomas, Thomas, Alexander & McLoughlin, Burlington, Vt., for plaintiffs.

James M. Jeffords, Atty. Gen. of Vt., Martin K. Miller, Asst. Atty. Gen., for defendants.

Lawrence A. Wright, Gravel & Shea, Burlington, Vt., for intervenors.

Before WATERMAN and OAKES, Circuit Judges, and LEDDY, District Judge.

WATERMAN, Circuit Judge.

Prior to 1971 the Vermont Statutes provided that state aid1 to education could be provided only to "public schools." In April, 1971, the Vermont General Assembly enacted legislation which made it possible for non-public schools to share, in a limited manner, in the aid provided by the state. That Act, No. 114 of the Acts and Resolves of the 1971 General Assembly, the...

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