LANNER v. WIMMER

Nos. 79-1520, 79-1525.

662 F.2d 1349 (1981)

Ronald M. LANNER, Harriet F. Lanner, John A. Scherting, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Joanne WIMMER, Thad Carlson, E. Malcolm Allred, Ronald A. Peterson, Maria Ellworth, constituting the Board of Education for the City of Logan, Utah; James C. Blair, Superintendent of Schools for the City of Logan, Utah; Rulon C. Olsen, Principal, Logan High School, Logan, Utah; Sherman Hansen, Principal, Logan Junior High School, Logan, Utah; and their officers, employees, agents and assigns; and the Utah State Board of Education, Defendants-Appellees, and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 13, 1981.

On Rehearing November 25, 1981.


Attorney(s) appearing for the Case

Kathryn Collard, Salt Lake City, Utah, for plaintiffs-appellants.

Arthur H. Nielsen, Salt Lake City, Utah (with Clark R. Nielsen, Salt Lake City, Utah, on the brief), of Nielsen, Henriod, Gottfredson & Peck, Salt Lake City, Utah (and with David W. Sorenson, Logan, Utah, on the brief); and Thomas C. Anderson, Asst. Atty. Gen., Salt Lake City, Utah (with Robert B. Hansen, Atty. Gen., Salt Lake City, Utah, on the brief), for defendants-appellees and cross-appellants.

Before BARRETT, DOYLE and McKAY, Circuit Judges.


McKAY, Circuit Judge.

This case is a challenge to a school "released-time" program which permits students to take church-sponsored seminary classes off school premises during school hours. The challenge is based on the establishment and free exercise clauses of the first amendment.

I. Background

The proper adjudication of a case involving the interplay between religion and government-mandated public school programs is assisted by an outline of the...

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