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SWANSON v. ROMAN CATHOLIC BISHOP

Docket No. CUM-96-305.

692 A.2d 441 (1997)

1997 ME 63

Albert SWANSON, et al. v. The ROMAN CATHOLIC BISHOP OF PORTLAND, et al.

Supreme Judicial Court of Maine.

Decided April 4, 1997.

Attorney(s) appearing for the Case

Douglas S. Carr, Peter S. Carlisle, Perkins, Thompson, Hinckley & Keddy, Portland, for Albert Swanson.

Judy R. Potter, Cape Elizabeth, for Ruth Swanson.

Frederick C. Moore, Thomas R. Kelly, Robinson, Kriger & McCallum, Portland, for Roman Catholic Bishop.

Peter DeTroy, Terry Fralich, Norman, Hanson & Detroy, Portland, for Fr. Maurice Morin.

Before: WATHEN, C.J., ROBERTS, CLIFFORD, RUDMAN, DANA, and LIPEZ, JJ.

WATHEN, Chief Justice.

[¶ 1] For the first time, we must decide whether courts may constitutionally impose and enforce a duty of employee supervision derived from secular agency principles against a religious organization. The issue is presented on the report of the interlocutory order of the Superior Court (Cumberland County, Saufley, J.) declining to dismiss Albert and Ruth Swanson's claim against the Roman...

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