No. 81SA126.

648 P.2d 1072 (1982)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE FUND, INC.; Denver Chapter of Americans United and Irene H. Wilson, Plaintiffs-Appellants, v. STATE of Colorado, Colorado Commission on Higher Education, Regis Educational Corporation, and any and all Persons who are now Nominated or who may be Eligible to Receive Funds under the Colorado Student Incentive Grant Program, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Opinion Modified, and as modified, August 9, 1982.

Rehearing Denied August 9, 1982.

Attorney(s) appearing for the Case

Fuller & Evans, Dwight A. Hamilton, Larry G. Johnson, Denver, for plaintiffs-appellants.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Nancy Connick, Asst. Atty. Gen., Denver, for defendants-appellees.

A. Thomas Elliott, Jr., Denver, for defendant-appellee Regis Educational Corp.

Carter B. Foulds, Student Counsel, Shiela Hyatt, Supervising Attorney, Denver, for Vicki Billstone, member of the class eligible to receive grant money.

Nelson & Harding, Robert B. Yegge, Denver, for amicus curiae Colo. College, Colo. Women's College, Loretto Heights College and University of Denver.

QUINN, Justice.

The Americans United for Separation of Church and State Fund, Inc. (Americans United) appeal from a summary judgment granted in favor of the State of Colorado, the Colorado Commission of Higher Education and Regis Educational Corporation (Regis College). The Americans United, seeking declaratory and injunctive relief, claimed that the Colorado Student Incentive Grant Program, section 23-3.5-101 et seq., C.R.S.1973 (1981 Supp.), was facially...

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