McCURRY v. TESCH

No. 83-2191.

738 F.2d 271 (1984)

Robert E. McCURRY; H. Edward Rowe; Richard C. Moore; Greg Dixon; Dennis Brown; Robert A. Collins; Richard L. Weightman; Dennis A. Corle; Daniel Eylar; David A. Eylar; Carroll L. Torberson; Carlton Curtis; Mark A. Bilbrey; Olin R. Adams; Billy Arnold; Gary L. Arnold; Michael S. Backhaus; Bill G. Brewer; Price Brown; Richard A. Cloyed; John W. Curtis; Charles Day; Jesse Day; Stephen L. Ferguson; J. Michael Gibbs; Earl Hargis; Allen R. Kincaid; Francis J. Kuhlman; Larry L. Lautaret; Carl W. Laurent; David H. Hydick; Richard May; George F. Monday; Gerald L. Pope; Eric L. Rist; Philip A. Schmidt; Tumis Schurman; Clifford Sims; Dennis A. Sims; Harry R. Smith; Dale R. Spear; Edward L. Thibodeauz; Ronald L. Tottingham; Gary J. Uit De Flesch; Leslie A. Warren; Jerry West; Gary H. Williams; Samuel L. Woodruff; Dennis E. Fountain; Carl Spencer, Jr.; Harvey Schultz; Gary Lee Peterson; Ralph H. Liles; Michael McKinney; Alfred J. Riley; Dale K. Dykema; Brandon Dykema; Howard Quinlan; Robert Muncaster; Gary Lee Ashford; H. Lynn Bowen; Richard Gregory; Michael Wolfram; Herbert Lawson; Phillip Liles; and Jean Perry, Appellants, v. Fred TESCH, in his official capacity as Sheriff of Cass County, Nebraska, and individually; Larry Shelbourn, in his official capacity as Chief Deputy Sheriff of Cass County, Nebraska, and individually; Raymond Syslo, in his official capacity as a Captain of the Nebraska State Patrol, and individually; Ronald D. Moravec, in his official capacity as Cass County Attorney; Paul L. Douglas, in his official capacity as Attorney General of Nebraska, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1984.

As Amended on Denial of Rehearing August 24, 1984.


Attorney(s) appearing for the Case

Jerry W. Katskee and Milton A. Katskee of Katskee & Henatsch, Omaha, Neb. and Paul L. Douglas, Atty. Gen. and Harold Mosher, Asst. Atty. Gen., Lincoln, Neb., for appellees.

Michael P. Farris, Washington, D.C., for appellants.

Before BRIGHT, ARNOLD and FAGG, Circuit Judges.


As Amended on Denial of Rehearing En Banc August 24, 1984.

ARNOLD, Circuit Judge.

This case arises out of a longstanding dispute between the State of Nebraska and the Faith Baptist Church of Louisville, Nebraska, concerning the church's operation of a school without complying with Nebraska school laws. Litigation began when the state obtained an injunction in state court prohibiting the operation of the school. The Nebraska Supreme Court affirmed, holding...

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