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

Civ. A. No. W-5351.

379 F.Supp. 872 (1974)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE et al., Plaintiffs, v. Henry A. BUBB, Chairman, State Education Commission, et al., Defendants, Patrick J. Audley, Intervenor.

United States District Court, D. Kansas.

February 27, 1974.

Attorney(s) appearing for the Case

Jim Lawing, Wichita, Kan., Walter C. Wright, Silver Springs, Md., for Americans United etc. only.

Vern Miller, Atty. Gen., John C. Johnson, Asst. Atty. Gen., Topeka, Kan., for defendants.

Gerrit H. Wormhoudt and Donald R. Newkirk, Wichita, Kan., for intervenor.

Before HILL, Circuit Judge, BROWN, Chief District Judge, and THEIS, District Judge.

HILL, Circuit Judge.

OPINION

Kansas' Tuition Grants for Private Institutions, K.S.A. 72-6107 et seq. (Statute), provides tuition grants to qualified students enrolled at private Kansas colleges and universities (Colleges). This case arises from the fact that all eligible private Kansas colleges are church related. Plaintiffs, pursuant to 28 U.S.C. § 2201 and Rules 57 and 65, F.R.Civ.P., seek a declaration that the Statute violates the establishment...

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