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AMERICANS UNITED v. ROGERS

No. 59410.

538 S.W.2d 711 (1976)

AMERICANS UNITED, a corporation, et al., Respondents, v. H. Lang ROGERS et al., Appellants, and Independent Colleges and Universities of Missouri, Intervenor-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 6, 1976.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., by Daniel P. Card, II, Asst. Atty. Gen., Jefferson City, R. H. McRoberts, Sr. and Thomas C. Walsh, Bryan, Cave, McPheeters & McRoberts, St. Louis, for appellants.

Frank Susman, Susman, Schermer, Willer & Rimmel, St. Louis, for respondents.

Flavius B. Freeman, Neale, Newman, Bradshaw & Freeman, Springfield, Wayne L. Millsap, Millsap, Weil, Eyerman & Schenberg, Clayton, for amici curiae.

MORGAN, Judge.

On January 26, 1976, the trial court entered a judgment declaring that: "The statutory scheme contained in Missouri Revised Statutes, Sections 173.200 to 173.235, popularly known as `The Financial Assistance Program' and providing for tuition grants to college students at certain approved public and private colleges, is hereby declared to be unconstitutional and void under the guarantees and rights provided within the First Amendment of the United States...

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