TRUCKE v. ERLEMEIER

No. C 86-4181.

657 F.Supp. 1382 (1987)

Greg TRUCKE, Karen Trucke, Shawn Trucke and Wendy Trucke, Plaintiffs, v. Roger ERLEMEIER, Gary Brouilette, Brady Hanson, James Jensen, Ervin Thies, in their official capacities as members of the School Board of the Maple Valley Community School District; Dennis L. Webner, in his official capacity as Superintendent of the Maple Valley Community School District; and Michael P. Jensen, in his official capacity as Monona County Attorney, Defendants, State of Iowa, Intervenor.

United States District Court, N.D. Iowa W.D.

March 4, 1987.


Attorney(s) appearing for the Case

Michael D. Farris, Washington, D.C., Myron Toering, Sioux Center, Iowa, for plaintiffs.

Michael Jensen, Monona Co. Atty., Onawa, Iowa, pro se.

Derrick Franck, Denison, Iowa, for defendants.

Merle Fleming, Iowa Atty. Gen. Office, Des Moines, Iowa, for the State.


ORDER

DONALD E. O'BRIEN, Chief Judge.

This matter comes before the Court on the plaintiffs' motion for a temporary restraining order. A motion to dismiss for want of subject matter jurisdiction has been filed on behalf of the State, which was permitted to intervene under 28 U.S.C. § 2403(b) because the constitutionality of a state statute was drawn into question. Motions to abstain have been filed on behalf of the State and Defendant Erlemeier, Brouilette...

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