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BOB JONES UNIVERSITY v. UNITED STATES

Nos. 79-1215, 79-1216 and 79-1293.

639 F.2d 147 (1980)

BOB JONES UNIVERSITY, Appellee, v. UNITED STATES of America, Appellant. BOB JONES UNIVERSITY, Appellee, v. UNITED STATES of America, Appellant. BOB JONES UNIVERSITY, Appellee, v. W. Michael BLUMENTHAL, Secretary of the Treasury and Jerome Kurtz, Commissioner of Internal Revenue, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1980.

As Corrected January 19, 1981.

Rehearing and Rehearing Denied April 8, 1981.

Attorney(s) appearing for the Case

Leonard J. Henzke, Jr., Tax Div., Dept. of Justice, Washington, D. C. (M. Carr Ferguson, Asst. Atty. Gen., Washington, D. C., Thomas E. Lydon, U. S. Atty., Columbia, S. C., Gilbert E. Andrews, Tax Div., Dept. of Justice, Washington, D. C., on brief) for appellant.

Wesley M. Walker, Greenville, S. C. (J. D. Todd, Jr., O. Jack Taylor, Jr., Natalma M. McKnew, Leatherwood, Walker, Todd & Mann, Greenville, S. C., John C. Stophel, Stophel, Caldwell & Heggie, Chattanooga, Tenn., on brief) for appellee.

Before WIDENER and HALL, Circuit Judges; and MERHIGE, District Judge.

Rehearing and Rehearing En Banc Denied April 8, 1981.

K. K. HALL, Circuit Judge:

Bob Jones University conducts "an institution of learning for the general education of youth in the essentials of culture and in the arts and sciences, giving special emphasis to the Christian religion and the ethics revealed in the Holy Scriptures...."1 Its religious teachings include a strict prohibition...

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