d'ERRICO v. LESMEISTER

Civ. No. A3-81-185.

570 F.Supp. 158 (1983)

Thomas R. d'ERRICO, Robert W. Olson, Harold A. Dickey, Zeno Wicks, Plaintiffs, v. John LESMEISTER, in his official capacity as Treasurer of North Dakota; and Robert O. Wefald, in his official capacity as Attorney General of North Dakota, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

March 23, 1983.


Attorney(s) appearing for the Case

Robert A. Feder, Co-op. Atty., Red River Valley Chapter, ACLU, Fargo, N.D., for plaintiffs; Stephen L. Pevar, Staff Counsel, American Civil Liberties Union, Mountain States Regional Office, Denver, Colo., of counsel.

Robert O. Wefald, Atty. Gen., Nancy K. Hoff, Kathryn L. Dietz and Rick D. Johnson, Asst. Attys. Gen., Bismarck, N.D., for defendants.


MEMORANDUM AND ORDER

BENSON, Chief Judge.

Plaintiffs, as citizens and taxpayers of North Dakota, challenge the constitutionality of North Dakota's Tuition Assistance Grant Program, North Dakota Century Code Chapter 15-62.3, as amended in 1981. Plaintiffs allege the assistance program as it applies to bible colleges violates the Establishment Clause of the first amendment to the United States Constitution as made applicable to the states by the fourteenth...

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