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MINNESOTA FEDERATION OF TEACHERS v. RANDALL

No. 88-5127.

891 F.2d 1354 (1989)

MINNESOTA FEDERATION OF TEACHERS, on behalf of their organization and members and Richard M. Mans, President, Minnesota Federation of Teachers, Taxpayer, Appellants, v. Dr. Ruth RANDALL, Commissioner of the Minnesota Department of Education, Ruth Myers, President of the State Board of Education, Bethel College, North Central Bible College, Northwestern College, Concordia College, Moorhead, Augsburg College, College of St. Thomas, St. John University, College of St. Catherine, Hamline University, Macalaster College, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 13, 1989.

Attorney(s) appearing for the Case

Ronald G. Marks, Roger A. Peterson, Peterson, Engberg, & Peterson, Minneapolis, Minn., for appellants.

Cindy L. Lavorato, Asst. Atty. Gen., St. Paul, Minn., for appellees.

Before HEANEY and BEAM, Circuit Judges, and STUART, District Judge.

PER CURIAM.

Plaintiffs brought an action in the district court for Minnesota challenging the constitutionality of the Minnesota Post-Secondary Enrollment Options Act. Minn.Stat. § 123.3514 (1986) (Act). The Act allows public high school students in their junior and senior years to take advanced courses at two- and four-year colleges, some of which are religiously affiliated. Minnesota reallocates funds from public schools to these colleges in proportion to the...

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