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CHAUDHURI v. STATE OF TENN.

No. 96-5538.

130 F.3d 232 (1997)

Dr. Dilip K. CHAUDHURI, Plaintiff-Appellant, v. STATE OF TENNESSEE, Tennessee State University; Dr. Annie Neal; Dr. Decatur Rogers; Dr. James A. Hefner; and Dr. Arthur C. Washington, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 18, 1997.

Attorney(s) appearing for the Case

Joseph H. Johnston (argued and briefed), Nashville, TN, for Plaintiff-Appellant.

Linda A. Ross, Asst. Attorney Gen. (argued and briefed), Michael E. Moore (briefed), Office of the Attorney General, Nashville, TN, for State of Tenn., Tennessee State Univ., and Annie Neal.

Leslie A. Bridges (briefed), Office of the Attorney General, Criminal Justice Division, Nashville, TN, Linda A. Ross, Asst. Attorney Gen., Michael E. Moore, Office of the Attorney General, Nashville, TN, for Decatur Rogers, James A. Hefner, and Arthur C. Washington.

Marshall Beil (argued and briefed), Ross & Hardies, New York City, for Amicus Curiae.

Before: JONES, NELSON, and RYAN, Circuit Judges.

NELSON, J., delivered the opinion of the court, in which RYAN, J., joined. JONES, (pp. 240-41), delivered a separate opinion concurring in part and dissenting in part.

OPINION

DAVID A. NELSON, Circuit Judge.

The question presented here is whether a nonsectarian prayer or moment of silence at a public university function violates the First Amendment. We answer the question "no."

Tennessee State University formerly made it a practice to include...

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