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FANNIN v. WILLIAMS

655 S.W.2d 480 (1983)

Vyda FANNIN, et al., Appellants, v. Barbara WILLIAMS, as State Librarian of the Commonwealth of Kentucky, et al., Appellees.

Supreme Court of Kentucky.

Petitions for Rehearing or Modification Denied September 15, 1983.

Attorney(s) appearing for the Case

Jennifer B. Coffman, Lexington, for appellants; John J. Slattery, Jr., Gen. Counsel, Kentucky Educ. Ass'n, Louisville, of counsel.

B. Keefe Montgomery, Theodore H. Amshoff, Jr., Louisville, Monte Gross, Dept. of Finance, Frankfort, for appellees; Patrick Monaghan, Gen. Counsel, Catholic League for Religious and Civil Rights, Milwaukee, Wis., of counsel.

Respondents-Appellees Petitions for Rehearing or Modification Denied September 15, 1983.

LEIBSON, Justice.

This is a declaratory judgment action challenging the validity of KRS 171.215, a statute supplying textbooks to children in the state's nonpublic schools (Kentucky Acts, 1978, Ch. 139, effective June 17, 1978).

The complaint attacked the nonpublic school textbook statute as unconstitutional under sections 3, 5, 171, 180, 184, 186 and 189 of the...

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