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FOREST HILLS EARLY LEARNING CENTER, INC. v. LUKHARD

Civ. A. No. 80-0116-R.

661 F.Supp. 300 (1987)

FOREST HILLS EARLY LEARNING CENTER, INC., et al., Plaintiffs, v. William L. LUKHARD, as Director of the Department of Social Services of the Commonwealth of Virginia, Defendant, and Grace Baptist Church, Tabernacle Baptist Church, Berean Baptist Church, and the Rock Church, individually and on behalf of all others similarly situated, Defendant-Intervenors.

United States District Court, E.D. Virginia, Richmond Division.

May 15, 1987.

Attorney(s) appearing for the Case

John E. Heintz, Popham, Haik, Schnobrich & Kaufman, Washington, D.C., John Vanderstar, Covington & Burling, Washington, D.C., Hullihen W. Moore, Dennis O. Laing, Christian, Barton, Epps, Brent & Chappell, Richmond, Va., for plaintiffs Forest Hills Early Learning Center, Inc., et al.

Mary Sue Terry, Atty. Gen. of Va., James T. Moore, III, Sr. Asst. Atty. Gen., William L. Thurston, Asst. Atty. Gen., Guy W. Horsley, Sr. Asst. Atty. Gen., Peter R. Messitt, Asst. Atty. Gen., Office of Atty. Gen., Richmond, Va., for defendant William L. Lukhard.

Anthony F. Troy, David G. Shuford, George A. Somerville, Mays & Valentine, Richmond, Va., for defendant-intervenors Grace Baptist Church, Tabernacle Baptist Church, Berean Baptist Church, and The Rock Church.

MEMORANDUM OPINION

RICHARD L. WILLIAMS, District Judge.

This matter is before the Court following a remand by the United States Court of Appeals for the Fourth Circuit. Plaintiffs are nonsectarian operators of child care centers. They brought this action challenging the constitutionality of Virginia's statutory exemption of religiously affiliated child care centers from the general licensing requirements imposed upon the operation of such centers by the...

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