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CATHOLIC BISHOP OF CHICAGO v. N.L.R.B.

Nos. 76-1600, 76-1638.

559 F.2d 1112 (1977)

The CATHOLIC BISHOP OF CHICAGO, a corporation sole, Petitioner, v. The NATIONAL LABOR RELATIONS BOARD, Respondent, and The Illinois Education Association, Intervenor. DIOCESE OF FORT WAYNE-SOUTH BEND, INC., Petitioner, v. The NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 1977.

Attorney(s) appearing for the Case

Don H. Reuben, Chicago, Ill., Jerome J. O'Dowd, Fort Wayne, Ind., for petitioner.

Samuel Edes, Chicago, Ill., for intervenor.

Elliott Moore, John C. Rother, John D. Burgoyne, N.L.R.B., Washington, D.C., for respondent.

Before CUMMINGS, PELL and SPRECHER, Circuit Judges.

PELL, Circuit Judge.

The First Amendment to the Constitution of the United States specifies that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. The cases before us present the issue of whether this constitutional prohibition (sometimes called a high and impregnable wall,1 but more recently characterized as being a blurred, indistinct, variable barrier depending on all the circumstances...

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