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STROUT v. COMMISSIONER, MAINE DEPT. OF EDUC.

No. Civ. 97-259-P-H.

13 F.Supp.2d 112 (1998)

Elwood STROUT, et al., Plaintiff, v. COMMISSIONER, MAINE DEPARTMENT OF EDUCATION, Defendant.

United States District Court, D. Maine.

August 11, 1998.

Attorney(s) appearing for the Case

Stephen C. Whiting, Douglas, Denham, Rogers & Hood, Portland, ME, Vincent P. McCarthy, The American Center for Laws and Justice-Northeast Inc., New Milford, CT, for Plaintiff.

Peter J. Brann, Assistant Attorney General, Augusta, ME, for Defendant.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

HORNBY, Chief Judge.

Some school districts in Maine do not have public high schools. Instead, they have found it more cost effective to pay tuition for their resident students directly to public high schools in other districts or private schools. Maine statutes permit the procedure but allow such payments to be made only to nonsectarian schools. The issue in this case is whether such a limitation is constitutional...

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