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MINN. CIV. LIBERTIES UNION v. ROEMER

Civ. No. 3-76-167.

452 F.Supp. 1316 (1978)

MINNESOTA CIVIL LIBERTIES UNION et al., Plaintiffs, v. Arthur ROEMER et al., Defendants, and Terry Sullivan et al., and Richard and Beverly Berget et al., Intervenor-Defendants.

United States District Court, D. Minnesota, Third Division.

June 19, 1978.

Attorney(s) appearing for the Case

William B. Henschel and Randall D. B. Tigue, Minneapolis, Minn., for plaintiffs.

Warren Spannaus, Atty. Gen., Stephen F. Befort, Special Asst. Atty. Gen., St. Paul, Minn., for state defendants.

Gordon W. Shumaker, St. Paul, Minn., for intervenor defendants Terry Sullivan, et al.

John R. Kenefick, St. Paul, Minn., for intervenor defendants Richard and Beverly Berget, et al.

Before HEANEY, Circuit Judge, DEVITT, Chief District Judge, and ALSOP, District Judge.

MEMORANDUM AND ORDER

DEVITT, Chief District Judge.

The basic issue in this declaratory judgment action is whether a Minnesota law permitting parents of students attending public and private schools to claim up to $700.00 a year of the expense as a deduction of their state income tax return has the primary effect of advancing religion in violation of the Establishment Clause of the First Amendment to the United States Constitution. We find that it does not...

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