DURO v. DIST. ATTY., SECOND JUD. DIST. OF N.C.

No. 82-1806.

712 F.2d 96 (1983)

Peter DURO, Appellee, v. DISTRICT ATTORNEY, SECOND JUDICIAL DISTRICT OF NORTH CAROLINA, Appellant, North Carolina School Boards Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 14, 1983.


Attorney(s) appearing for the Case

Andrew A. Vanore, Jr., Raleigh, N.C. (Edwin M. Speas, Jr., Sp. Deputy Atty. Gen., Raleigh, N.C., on brief), for appellant.

George Daly, Charlotte, N.C. (Charles E. Craze, Gibbs & Craze, Cleveland, Ohio, Wendell Hutchins, Hutchins, Cockrell & Newmann, Plymouth, N.C., on brief), for appellee.

George T. Rogister, Jr., Kim C. Wetherill, Tharrington, Smith & Hargrove, Raleigh, N.C., on brief, for amicus curiae N.C. School Boards Ass'n.

Before HALL and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.


K.K. HALL, Circuit Judge:

Peter Duro (Duro) initiated this action against the District Attorney of the Second Judicial District of North Carolina (D.A.) alleging that his religious beliefs were infringed by the North Carolina compulsory school attendance law, N.C.G.S. § 115C-378. The district court entered summary judgment for Duro, from which the D.A. appeals. We find that North Carolina has demonstrated an interest in compulsory education

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