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AMERICANS UNITED, ETC. v. U.S. DEPT. OF H. E. W.

No. 79-1221.

619 F.2d 252 (1980)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, INC., Gunn, Andrew, Leigh, Doerr, Edward D., Settembrini, Gioele, Binns, E. Mallary, Appellants, v. The UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, the United States of America, Northeast Bible College, a/k/a Valley Forge Christian College.

United States Court of Appeals, Third Circuit.

Reassigned February 7, 1980.

Decided April 8, 1980.

Attorney(s) appearing for the Case

Lee Boothby (argued), Berrien Springs, Mich., John T. Acton, Willow Grove, Pa., for appellants.

Frank A. Rosenfeld (argued), Leonard Schaitman, Attys., Dept. of Justice, Washington, D.C., Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Peter F. Vaira, Jr., U.S. Atty., Philadelphia, Pa., for Federal appellees.

C. Clark Hodgson, Jr. (argued), Georganne Daher Terrill, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for Valley Forge Christian College.

Before ADAMS, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The question presented in this appeal is whether an organization devoted to the separation of church and state, and several of its members suing as individual citizens, have standing to challenge the transfer of government property to a concededly religious organization.

I. FACTUAL BACKGROUND

In August 1976, the Department of Health, Education and Welfare (HEW) conveyed 77 acres of surplus government...

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