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MEMBERS OF JAMESTOWN SCHOOL COMMITTEE v. SCHMIDT

No. 82-1081.

699 F.2d 1 (1983)

MEMBERS OF the JAMESTOWN SCHOOL COMMITTEE, et al., Plaintiffs, Appellees, v. Dr. Thomas C. SCHMIDT, as Commissioner of Education of the State of Rhode Island, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 19, 1983.

Rehearing Denied March 10, 1983.

Attorney(s) appearing for the Case

Daniel J. Schatz, Sp. Asst. Atty. Gen., Providence, R.I., with whom Dennis J. Roberts, II, Atty. Gen., Providence, R.I., was on brief, for defendants, appellants.

Amato A. DeLuca, Warwick, R.I., with whom Sandra A. Blanding and Revens & DeLuca, Ltd., Warwick, R.I., were on brief, for plaintiffs, appellees.

Before COFFIN, Chief Judge, ROSENN and BREYER, Circuit Judges.

COFFIN, Chief Judge.

The issue in this case is whether a Rhode Island statute providing bus transportation to nonpublic school children beyond school district limits constitutes a "law respecting an establishment of religion" and is therefore invalid under the First and Fourteenth Amendments. Plaintiffs are several federal, state and local taxpayers and two organizations, the American Civil Liberties Union and Americans United for Separation of Church and State.

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