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AGUILLARD v. EDWARDS

No. 85-3030.

765 F.2d 1251 (1985)

Don AGUILLARD, et al., Plaintiffs-Appellees, v. Edwin W. EDWARDS, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 8, 1985.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Patricia Nalley Bowers, Asst. Atty. Gen., Lisa F. Keegan, Staff Atty., New Orleans, La., Wendell R. Bird, Sp. Asst. Atty. Gen., Atlanta, Ga., and A. Morgan Brian, Jr., New Orleans, La., for defendants-appellants.

Samuel I. Rosenberg, New Orleans, La., for Orleans Parish.

John DiGiulio, Baton Rouge, La., for La. State Bd.

Roy K. Burns, Covington, La., for St. Tammany.

Paul, Weiss, Rifkind, Wharton & Garrison, Allan Blumstein, James McLoughlin, Alan Pfeffer and Jack D. Novick, New York City; Andrew M. Weltchek and Ronald L. Wilson, New Orleans, La., for plaintiffs-appellees.

Steven M. Freeman, New York City, for amicus Anti-Defamation League.

Marc D. Storn, New York City, for amicus American Jewish Congress.

Before BROWN, POLITZ and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

We consider today a constitutional challenge to the Louisiana law entitled "Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction" (the Act). The statute in essence requires the teaching of creation-science in Louisiana public schools whenever evolution is taught. The district court struck down the law as unconstitutional, holding that there was no legitimate secular purpose for the Act and that the...

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