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FLOREY v. SIOUX FALLS SCH. DIST. 49-5

No. CIV78-4120.

464 F.Supp. 911 (1979)

Roger R. FLOREY, on his own behalf and on behalf of his minor son, Justin B. Florey, David R. Groethe, Marilyn Day, Evelyn Griesse, and Marilyn Fusfield v. SIOUX FALLS SCHOOL DISTRICT 49-5, Richard L. Bohy, President of the Board of Education, Doris Larson, David Brandt, Pam Nelson, and John Simko, Jr., Members of the Board of Education, and Dr. John W. Harris, Superintendent of Schools, and their Agents, employees and successors.

United States District Court, D. South Dakota.

February 13, 1979.

Attorney(s) appearing for the Case

Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., for plaintiffs.

Deming Smith, Davenport, Evans, Hurwitz and Smith, Sioux Falls, S. D., for defendants.

MEMORANDUM OPINION

BOGUE, District Judge.

A variety of Christmas assemblies has been presented in the Sioux Falls public schools for a number of years. During the Christmas season of 1977, two Sioux Falls kindergarten classes rehearsed, memorized and then performed for parents a Christmas assembly which was replete with religious content including a responsive discourse between the teacher and the class entitled, "The Beginners Christmas Quiz." The "Quiz...

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