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BECK v. McELRATH

No. 82-3577.

548 F.Supp. 1161 (1982)

William and Terry BECK, individually and on behalf of their minor children; Margaret Capron; and John Doe, individually and on behalf of his minor child, v. Robert L. McELRATH, in his capacity as Commissioner of Education; Lamar Alexander, in his capacity as Governor of the State of Tennessee; William M. Leech, in his capacity as Attorney General of the State of Tennessee.

United States District Court, M.D. Tennessee, Nashville Division.

October 7, 1982.

Attorney(s) appearing for the Case

Lionel Barrett, Jr., Nashville, Tenn., Bruce S. Kramer, Memphis, Tenn., Thomas M. Daniel, Memphis, Tenn., for plaintiffs.

Michael Terry, Deputy Atty. Gen. of Tenn., Nashville, Tenn., for defendants.

MEMORANDUM

MORTON, Chief Judge.

In this civil action plaintiffs seek declaratory relief pursuant to 42 U.S.C. § 1983, the First and Fourteenth Amendments to the United States Constitution, and Article I, Section 3 of the Tennessee Constitution. It is alleged that an enactment by the General Assembly of Tennessee must be declared unconstitutional.

I.

The challenged provision states:

At the commencement of the first class of...

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