SANT BANI ASHRAM, INC. v. N.H. DEP'T OF EMPL. SECURITY

Nos. 80-278. 80-280. 80-288. 80-289. No. 80-362.

121 N.H. 74 (1981)

SANT BANI ASHRAM, INC. v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY & a. THE ROMAN CATHOLIC BISHOP OF MANCHESTER v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY & a. DUBLIN CHRISTIAN ACADEMY v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY & a. NEW CHRISTIAN FELLOWSHIP, INC. & a. v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY & a.

Supreme Court of New Hampshire.

February 23, 1981.


Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Robert Upton, II, orally), for the plaintiff Sant Bani Ashram, Inc. (80-278).

Burns, Bryant, Hinchey, Cox & Shea, of Dover (James H. Schulte orally), for the plaintiff Roman Catholic Bishop of Manchester (80-280; 80-289).

Nighswander, Lord, Martin & KillKelley, of Laconia (Bradley F. Kidder orally), for the plaintiff Dublin Christian Academy (80-288).

Peter A. McFarlane, of Ossipee, by brief for the plaintiffs New Christian Fellowship, Inc. & a. (80-362).

Edward F. Smith, of Concord, by brief and orally, for the defendants.

Tedd N. Williams, of Parma Heights, Ohio, and Fred Potter, of Concord (Mr. Williams orally), for amici curiae Christian Law Association & a.

F. James Foley and Mark C. Rutzick, United States Department of Justice (Mr. Foley orally), for amicus curiae United States of America.

Robert v. Johnson, of Concord, and Johns & Carson, of Washington, D.C. (Walter E. Carson orally), for amicus curiae Northern New England Conference of Seventh-Day Adventists.

Edmund J. Boutin, of Londonderry, by brief for amicus curiae Calvary Christian Schools, Inc.


PER CURIAM.

These consolidated appeals present the issue whether persons employed in church-related elementary and secondary schools are covered by our unemployment compensation statute, RSA ch. 282. We hold that they are not.

The plaintiff Dublin Christian Academy is a private Christian secondary school; the other three plaintiffs are churches which operate elementary and secondary schools as part of their religious...

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