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  5. 789 F.2d 295 (1986)
 

FOREST HILLS EARLY LEARNING CENTER, INC. v. LUKHARD

Nos. 85-1290, 85-1293 and 85-1560.

789 F.2d 295 (1986)

FOREST HILLS EARLY LEARNING CENTER, INC., Academy Day Care, Inc., Holloman Child Care Centers, Inc., Appellees, v. William LUKHARD, Director Department of Welfare and Institutions of the Commonwealth of Virginia, Appellant. (Two Cases). In re GRACE BAPTIST CHURCH, Tabernacle Church, Berean Baptist Church, The Rock Church, Appellants, v. FOREST HILLS EARLY LEARNING CENTER, INC., Academy Day Care, Inc., Hollomon Child Care Centers, Inc., Plaintiffs, v. William LUKHARD, Director Department of Welfare and Institutions of the Commonwealth of Virginia, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1986.

Rehearing and Rehearing Denied June 5, 1986.

Attorney(s) appearing for the Case

Anthony F. Troy (D. Eugene Webb, Jr., Sarah Hopkins Finley, George A. Somerville, Mays, Valentine, Davenport & Moore, William G. Broaddus, Atty. Gen., of Virginia, James T. Moore, III, Deputy Atty. Gen., William L. Thurston, Asst. Atty. Gen., Richmond, Va., on brief), for appellants.

John E. Heintz (John Vanderstar, Margaret R. Alexander, Laird Hart, Covington & Burling, Washington, D.C., Hullihen Williams Moore, Dennis O. Laing, Christian, Barton, Epps, Brent & Chappell, Richmond, Va., on brief, for appellees.

Before RUSSELL and SPROUSE Circuit Judges and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied June 5, 1986.

DONALD RUSSELL, Circuit Judge:

This is an action begun by a number of non-sectarian child care center operators challenging the constitutionality of the statutory exemption of religiously affiliated child care centers from the general licensing requirements imposed on child care centers by the Code of Virginia §§ 63.1-195 through 63.1-219. The ground for the challenge is that the exemption violated...

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