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ELBE v. YANKTON INDEPENDENT SCHOOL DIST. NO. 1

No. 82-2094.

714 F.2d 848 (1983)

Oswald F. ELBE, Elmo Christensen, James L. Cope, James A. Fravel, Jr., Laird P. Gillem, William H. Harris, Howard Hermanson, C.R. Kratz, John W. Mitchell, Fletcher C. Nelson, Don Rasmussen, Lloyd K. Salisbury, Marvin J. Scott, J. Howard Snyder, John Sprecher, and Robert C. Swanson, Appellants, v. YANKTON INDEPENDENT SCHOOL DISTRICT NO. 1; Arvin Burkhardt, Don Bierle, Rev. Harold Hiemstra, Mary Alice Halverson and Robert Weverstad as members of the School Board of the Yankton Independent School District No. 1; Sioux Falls Independent School District No. 49-5; Richard Bohy, Doris Larson, David Brandt, Pam Nelson and John Simko, Jr. as members of the School Board of the Sioux Falls Independent School District No. 49-5; Pierre School District No. 32-2; Patricia Adam, Peggy Cruse, Howard Hutchings, Richard Schoessler and Gary Snow, as members of the School Board of the Pierre School Dist. No. 32-2, and Dan Naughton; Barbara Naughton; James W. Fitzgibbons and Rose Clare Fitzgibbons, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 18, 1983.

Attorney(s) appearing for the Case

Gerald L. Reade, Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, S.D., for appellee Yankton Ind. School Dist. No. 1. et al.

Robert D. Hofer, Riter, Mayer, Hofer & Riter, Pierre, S.D., for appellee Pierre School Dist. No. 32-2.

Jeremiah D. Murphy, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S.D., for intervenor-defendants-appellees.

Lee Boothby, Berrien Springs, Mich., Marvin Bailin, Christopherson, Bailin & Anderson, Sioux Falls, S.D., for appellants.

Deming Smith, Charles D. Gullickson, Regina M. Shields, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for appellee Sioux Falls School Dist. No. 49-5.

Before ROSS, ARNOLD and JOHN R. GIBSON, Circuit Judges.

ROSS, Circuit Judge.

In 1980 plaintiffs-appellants brought an action challenging the constitutionality of the South Dakota textbook loan statutes on the grounds that the statutes on their face and as applied by the defendant-appellee school districts violated the Establishment Clause of the First Amendment to the United States Constitution and the South Dakota Constitution. On August 13, 1982, after various briefs, affidavits, admissions, and answers to interrogatories...

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