ANDERSON v. SCHULTZ

No. 88-5150.

871 F.2d 762 (1989)

Rev. Lawrence ANDERSON, Deborah Ann Anderson, Alicia R. Anderson, Lance R. Anderson, Lance E. Anderson, Aimee L. Anderson, Naomi J. Anderson, Appellants, v. Wendy P. SCHULTZ, in her official capacity as State's Attorney for Stutzman County, North Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1989.


Attorney(s) appearing for the Case

Michael P. Farris, Great Falls, Va., for appellants.

Warren H. Albrecht, Jr., Bismarck, N.D., for appellees.

Before HEANEY and BEAM, Circuit Judges, and LARSON, Senior District Judge.


HEANEY, Circuit Judge.

Lawrence and Deborah Anderson appeal from an order of the district court granting summary judgment in favor of Wendy P. Schultz, State's Attorney for Stutsmen County, North Dakota. As the district court should have abstained from deciding this case, we reverse its judgment.

BACKGROUND

The Andersons wish to provide a Christian education for their children. They allege that their religious convictions require them to conduct...

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