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ASCENSION LUTHERAN CHURCH v. EMPLOYMENT SEC.

No. C-C-79-206.

501 F.Supp. 843 (1980)

ASCENSION LUTHERAN CHURCH, St. Stephen's Lutheran Church, St. John's Evangelical Lutheran Church and Emmanuel Lutheran Church, Plaintiffs, v. EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, and F. Ray Marshall, United States Secretary of Labor, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

October 21, 1980.

Attorney(s) appearing for the Case

B. Irvin Boyle and Norman A. Smith, Boyle, Alexander & Hord, Charlotte, N. C., for plaintiffs.

Howard G. Doyle, Chief Counsel, and T. S. Whitaker, Staff Atty., Employment Sec. Commission, Raleigh, N. C., for the defendant Employment Security Commission of North Carolina.

Harold M. Edwards, U. S. Atty., Asheville, N. C., Alice Daniel, Acting Asst. Atty. Gen., and Jonathan Ginsburg, Dept. of Justice, Washington, D. C., for F. Ray Marshall, United States Secretary of Labor, defendant.

ORDER

McMILLAN, District Judge.

Plaintiffs, four Missouri Synod Lutheran churches which operate elementary schools, brought this action in Mecklenburg County Superior Court, protesting the inclusion of their schools' employees in the North Carolina unemployment compensation program. All plaintiffs seek a declaration that the Employment Security Law, Chapter 96 of the North Carolina General Statutes, does not apply to them. Three plaintiffs seek a refund...

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