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MILLER v. BENSON

Civ.A. No. 93-C-1063.

878 F.Supp. 1209 (1995)

Marquelle MILLER, by his next friend, Cynthia Miller; Cynthia Miller; Angela Gray, by her next friend, Zachery Gray; Zachery Gray; Shon Richardson, by his next friend, George Richardson; George Richardson; Latrisha Henry, by her next friend, Faye Henry; Faye Henry; Reigne Barrett, by her next friend, Valerie Barrett; and Valerie Barrett, Plaintiffs, v. John T. BENSON, Superintendent of Public Instruction, Defendant.

United States District Court, E.D. Wisconsin.

March 14, 1995.

Attorney(s) appearing for the Case

Landmark Legal Foundation, Mark J. Bredemeier, Kansas City, MO, Landmark Center for Civil Rights, Mark R. Levin, Washington, DC, for plaintiffs.

Warren D. Weinstein, Asst. Atty. Gen., Madison, WI, for defendant.

Amici brief filed by ACLU of Wisconsin Foundation, Inc., Milwaukee Jewish Council for Community Relations, Inc., and Wisconsin Jewish Conference.

DECISION AND ORDER DENYING SUMMARY JUDGMENT FOR PLAINTIFFS, GRANTING SUMMARY JUDGMENT FOR DEFENDANT, AND FINDING THE CURRENT SCHOOL CHOICE PROGRAM CONSTITUTIONAL UNDER THE FIRST AMENDMENT

REYNOLDS, Senior District Judge.

The question before the court is whether Wisconsin's current "Milwaukee School Choice Program" ("Choice Program"), which reimburses private nonreligious schools for the tuition of eligible children, must also reimburse private

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