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TIRMENSTEIN v. ALLAIN

Civ. A. No. J81-0336(B).

607 F.Supp. 1145 (1985)

Paul G. TIRMENSTEIN, John Marthaler and Society of Separationists, Inc., d/b/a American Atheists, Plaintiffs, v. William A. ALLAIN, Governor of Mississippi, Edwin Lloyd Pittman, Attorney General of Mississippi, and Richard Molpus, Secretary of State of Mississippi, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

April 22, 1985.

Attorney(s) appearing for the Case

Henry A. Martin, Nashville, Tenn., William Sebastian Moore, Jackson, Miss., for plaintiffs.

Donald G. Barlow, Asst. Atty. Gen., Jackson, Miss., for defendants.

ORDER

BARBOUR, District Judge.

This cause is before this Court on the Motion of the Plaintiffs for Summary Judgment. The Plaintiffs, avowed atheists, filed this Complaint attacking the constitutionality of Article 14, Section 265 of the Constitution of the State of Mississippi which provides as follows: "No person who denies the existence of a Supreme Being shall hold any office in this state." The Plaintiffs seek a declaratory judgment holding this provision...

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