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

Civ. A. No. 72-3.

359 F.Supp. 505 (1973)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE et al., Plaintiffs, v. Newell J. PAIRE, as Commissioner of Education of the State of New Hampshire, et al., Defendants.

United States District Court, D. New Hampshire.

May 1, 1973.

Attorney(s) appearing for the Case

Kenneth E. Scott, Wilton, N. H., Franklin C. Salisbury, Americans United for Separation of Church and State, Washington, D. C., for Americans United for Separation of Church and State.

Howard B. Myers, Asst. Atty. Gen., for State of New Hampshire.

Robert E. Hinchey, Burns, Bryant, Hinchey, Cox & Shea, Dover, N. H., for Roman Catholic Bishop of Manchester.

Before ALDRICH and CAMPBELL, Circuit Judges, and BOWNES, District Judge.

OPINION

LEVIN H. CAMPBELL, Circuit Judge.

Asserting a violation of the "establishment" and "free exercise" clauses of the First Amendment, the plaintiffs seek to enjoin a so-called dual enrollment arrangement entered into pursuant to New Hampshire law by the Holy Infant Jesus School of the Roman Catholic Bishop of Manchester (Holy Infant) and the Nashua School District No. 42 (the Nashua School District).

The action was originally heard and decided...

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