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JAFFREE v. WALLACE

Nos. 83-7046, 83-7047.

705 F.2d 1526 (1983)

Ishmael JAFFREE, et al., Plaintiffs-Appellants, v. George C. WALLACE, et al., Defendants-Appellees, Douglas T. Smith, et al., Intervenors. Ishmael JAFFREE, et al., Plaintiffs-Appellants, v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY, et al., Defendants-Appellees, Douglas T. Smith, et al., Intervenors.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied August 15, 1983.

Attorney(s) appearing for the Case

Ronnie L. Williams, Mobile, Ala., for plaintiffs-appellants.

Jack D. Novik, ACLU, New York City, amicus curiae.

Charles S. Coody, Counsel Dir., Div. of Legal Services, Dept. of Educ., Montgomery, Ala., for Tyson, Creel, Cherry, Higginbotham, Poole, Martin, Allen and Roberts.

Bob Sherling, Mobile, Ala., for intervenors.

John S. Baker, Baton Rouge, La., for Governor Wallace.

Robert C. Campbell, III, Mobile, Ala., for defendant-appellee Bd. of School Com'rs of Mobile County, et al.

Thomas O. Kotouc, Montgomery, Ala., for intervenors McHenry, et al.

Before HATCHETT and CLARK, Circuit Judges, and SCOTT, District Judge.

Rehearing and Rehearing En Banc Denied August 15, 1983.

HATCHETT, Circuit Judge:

We must decide whether the trial court correctly determined that the recitation of prayers in the Mobile County, Alabama, public schools and the implementation of two Alabama statutes permitting religious practices in those public schools do not violate the establishment clause of the first amendment to the Constitution of the United States.1 We are...

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