WALTER v. WEST VIRGINIA BD. OF EDUC.

Civ. A. No. 84-5366.

610 F.Supp. 1169 (1985)

Susan Breseman WALTER, as natural parent of Gregory O. Walter and Christopher S. Walter, infants, and Susan Breseman Walter, individually; Howard N. Keener, Jr., as natural parent of Thad Keener, an infant, and Howard N. Keener, Jr., individually; Mostasa Shaaban and Aziza Shaaban, as natural parents of Sami Shaaban, an infant, and Mostasa Shaaban and Aziza Shaaban, individually; James F. Hores and Sandra P. Hores, as natural parents of Brian Hores, Liane J. Hores, and Brent Hores, infants, and James F. Hores and Sandra P. Hores, individually; John F. Price, as natural parent of David Price, Douglas Price, and Gregory Price, infants, and John F. Price, individually; and on behalf of all others similarly situated; except Jerry Grugin, Farmington, WV, and Mr. and Mrs. Ernest Mitehem, Charlestown, WV; Betty Jo Lloyd, an individual, Florette S. Angel, an individual, the National Council of Jewish Women—Charleston, West Virginia Section, Inc., a non-profit corporation; and the West Virginia Civil Liberties Union, a non-profit corporation, Plaintiffs, v. WEST VIRGINIA BOARD OF EDUCATION: Roy Truby, Superintendent of the West Virginia Board of Education; Edward Lakey, Superintendent of Kanawha County Board of Education; Kanawha County Board of Education; George M. Edwards, Superintendent of Fayette County Board of Education; Fayette County Board of Education; James D. Lannan, Superintendent of Jackson County Board of Education; and Jackson County Board of Education, and all other similarly situated county superintendents of schools and county boards of education, Defendants.

United States District Court, S.D. West Virginia.

March 14, 1985.


Attorney(s) appearing for the Case

Larry L. Rowe, Charleston, W.Va., for plaintiffs.

Walt Auvil, Asst. Atty. Gen., Charleston, W.Va., for defendants.


ORDER GRANTING DECLARATORY AND INJUNCTIVE RELIEF

HALLANAN, District Judge.

Plaintiffs in this class action for declaratory and injunctive relief request that the Court declare Article 3, Section 15-a1 (hereinafter, "the Amendment") of the West Virginia Constitution, now commonly referred to as the "Prayer Amendment," unconstitutional as violative of their rights as guaranteed by the First and Fourteenth Amendments to the United...

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