FOREST HILLS EARLY LEARNING CENTER, INC. v. LUKHARD

No. 82-1679.

728 F.2d 230 (1984)

FOREST HILLS EARLY LEARNING CENTER, INC.; Academy Day Care, Inc. and Holloman Child Care Centers, Inc., Appellants, v. William LUKHARD, Director of Department of Welfare and Institutions of Commonwealth of Virginia, Appellee. Virginia Council of Churches, Amicus Curiae. Christian Law Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1984.


Attorney(s) appearing for the Case

John E. Heintz, Washington, D.C. (John Vanderstar, Steven J. Rosenbaum, Covington & Burling, Washington, D.C., on brief), for appellants.

Dennis G. Merrill, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Va., Richmond, Va., on brief), for appellee.

Don Huffman, Bird, Kinder & Huffman, Roanoke, Va., David C. Gibbs, Jr., Charles E. Craze, Gibbs & Craze Co., L.P.A., Cleveland, Ohio, on brief, for amicus curiae Christian Law Ass'n.

Jeffrey S. Berlin, Elliot F. Gerson, Verner, Liipfert, Bernhard, & McPherson, Chartered, Washington, D.C., on brief, for amicus curiae Virginia Council of Churches.

Before WIDENER, PHILLIPS and MURNAGHAN, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

Forest Hills Early Learning Center and several other nonsectarian operators of child care centers1 appeal a judgment of the district court upholding the constitutionality of Virginia's statutory exemption of religiously affiliated child care centers from the general licensing requirements imposed upon the operation of such centers by the Commonwealth. 540 F.Supp. 1046

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