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

No. 72-1353.

475 F.2d 462 (1973)

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

United States Court of Appeals, First Circuit.

Decided March 16, 1973.

Attorney(s) appearing for the Case

Howard B. Myers, Asst. Atty. Gen., with whom Warren B. Rudman, Atty. Gen., was on brief, for appellants.

Walter C. Wright, with whom Kenneth E. Scott, Washington, D.C., was on brief, for appellees.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

CAMPBELL, Circuit Judge.

This is an appeal from a district court decision, 348 F.Supp. 506, that a lease and so-called dual enrollment agreement between 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") violate the Establishment Clause of the First Amendment. Because we conclude that a single district judge was without jurisdiction...

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