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BOGEN v. DOTY

No. 78-1692.

598 F.2d 1110 (1979)

Iver BOGEN, Patsy Reed High, Rudolph Johnson, and Danna R. Friedman, Appellants, v. Gary DOTY, Deidre Dodge, William J. Kron, A. Lloyd Shannon, Edwin H. Hoff, Ronald R. Dicklich, Alvin S. Hall, comprising the County Board of the County of St. Louis, Minnesota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 7, 1979.

Attorney(s) appearing for the Case

Newton S. Friedman of Friedman & Nord, Duluth, Minn. (argued), and Larry M. Nord, Duluth, Minn., on brief, for appellants.

Michael R. Dean, Asst. County Atty., Duluth, Minn. (argued) and Keith M. Brownell, St. Louis County Atty., Duluth, Minn., on brief, for appellees.

Before GIBSON, Chief Judge, HENLEY, Circuit Judge, and HANSON, Senior District Judge.

GIBSON, Chief Judge.

It is contended in this case that a resolution of the County Board of St. Louis County, Minnesota, providing for an opening invocation at its public meetings, is a law "respecting the establishment of religion" in violation of the first amendment.1 The resolution in question provides that each county board meeting shall be preceded by a prayer given by an invited local clergyman. The District Court

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