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FLOREY v. SIOUX FALLS SCHOOL DIST. 49-5

No. 79-1277.

619 F.2d 1311 (1980)

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, Appellants, 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, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 22, 1980.

Rehearing and Rehearing Denied May 20, 1980.

Attorney(s) appearing for the Case

Stephen L. Pevar, Regional Counsel, American Civil Liberties Union, Denver, Colo., for appellants.

Deming Smith and Robert E. Hayes, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellees; Michael F. Pieplow, Sioux Falls, S. D., on brief.

Gaylen J. Byker, George Wilson McKeag and Gregory M. Harvey, Philadelphia, Pa., on brief, for amicus, United Presbyterian Church.

Robert Senghas, Executive Vice President, Unitarian Universalist Association, Boston, Mass., on brief, for amicus, Unitarian Universalist Association.

Martin B. Cowan, Jeffrey P. Sinensky and Richard A. Weisz, New York City, on brief, for amicus, National Jewish Commission, et al.

Marc D. Stern, American Jewish Congress, New York City, on brief, for amicus, American Jewish Congress.

Before HEANEY, ROSS and McMILLIAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 20, 1980.

HEANEY, Circuit Judge.

I.

In response to complaints that public school Christmas assemblies in 1977 and prior years constituted religious exercises, the School Board of Sioux Falls, South Dakota, set up a citizens' committee to study the relationship between church and state as applied to school functions.1 The committee's deliberations, which lasted for several months...

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