PEYOTE WAY CHURCH OF GOD, INC. v. MEESE

No. CA-3-82-0778-T.

698 F.Supp. 1342 (1988)

PEYOTE WAY CHURCH OF GOD, INC., Plaintiff, v. Edwin MEESE III, Attorney General of the United States, Jim Mattox, Attorney General of the State of Texas, Defendants.

United States District Court, N.D. Texas, Dallas Division.

October 31, 1988.


Attorney(s) appearing for the Case

Raymond E. White, Mary L. O'Connor, Cooperating Attys., American Civil Liberties Union, Dallas Chapter, Dallas, Tex., for plaintiff.

John T. Bannon, Jr., U.S. Dept. of Justice, Washington, D.C., Paula Mastropieri-Billingsley, Asst. U.S. Atty., Dallas, Tex., for defendant Edwin Meese III, Atty. Gen. of the U.S.

Charles A. Palmer, Asst. Atty. Gen., Douglas M. Becker, Gray & Becker, Austin, Tex., for defendant Jim Mattox, Atty. Gen. for the State of Tex.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

MALONEY, District Judge.

This case was originally before Judge William M. Taylor, Jr., who granted summary judgment in favor of Defendants, upholding the constitutionality of both state and federal statutes which prohibit the use of peyote as a controlled substance, and make an exemption for the nondrug, religious use of peyote by members of the Native American Church. On appeal to the United States Court of Appeals...

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