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O'HAIR v. WHITE

No. 79-1397.

675 F.2d 680 (1982)

Madalyn Murray O'HAIR and Society of Separationists, Inc., Plaintiffs-Appellants, v. Mark WHITE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 12, 1982.

Attorney(s) appearing for the Case

Madalyn Murray O'Hair, pro se.

Jon Murray, for plaintiffs-appellants.

Christopher Rand, Hot Springs, Ark., for Soc. of Separationists.

James McMurtry, County Atty., B. Neal Stokey, Asst. County Atty., Russell J. Bailey, Austin, Tex., for Jones, Renfro, Samuelson, Honts, Richards & Moya.

Susan O'Laughlin Bradshaw, Asst. Atty. Gen., Austin, Tex., for Mark White, et al.

Before GODBOLD, Chief Judge, BROWN, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK, WILLIAMS, and GARWOOD, Circuit Judges.

VANCE, Circuit Judge:

The appellants in this case, Madalyn Murray O'Hair and the Society of Separationists, Inc. (Society), brought suit to challenge a provision of the constitution of the State of Texas. The district court dismissed the complaint and a divided panel of this circuit affirmed. We now reverse the decision of the district court and remand for further proceedings.

I.

Madalyn Murray O'Hair is an atheist. She and the Society of Separationists...

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