KOENICK v. FELTON

No. 97-1935.

190 F.3d 259 (1999)

Judith M. KOENICK, Plaintiff-Appellant, v. Reginald M. FELTON, President, Board of Education of Montgomery County; Paul Vance, Superintendent of Schools, Montgomery County Public Schools, Defendants-Appellees. The American Jewish Congress; National Council on Islamic affairs; Freedom from Religion Foundation; Americans United For Separation of Church and State; Americans for Religious Liberty; American Humanist Association; The American Ethical Union, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: August 20, 1999.


Attorney(s) appearing for the Case

ARGUED: Eugene Roy Fidell, Feldesman, Tucker, Leifer, Fidell & Bank, Washington, D.C., for Appellant. Stuart Henry Newberger, Crowell & Moring, L.L.P., Washington, D.C., for Amici Curiae. Roger Warren Titus, Venable, Baetjer & Howard, L.L.P., Rockville, Maryland, for Appellees. ON BRIEF: Dwight H. Sullivan, American Civil Liberties Union of Maryland, Baltimore, Maryland; Arthur B. Spitzer, American Civil Liberties Union of The National Capital Area, Washington, D.C., for Appellant. Bradley S. Albert, Crowell & Moring, L.L.P., Washington, D.C.; Harvey Reiter, Marc D. Stern, American Jewish Congress, Washington, D.C.; G. Arthur Robbins, McNamee, Hosea, Jernigan & Kim, P.A., Greenbelt, Maryland; Steven K. Green, Americans United for Separation of Church and State, Washington, D.C., for Amici Curiae. Kevin B. Collins, Venable, Baetjer & Howard, L.L.P., Rockville, Maryland, for Appellees.

Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Senior Judge BUTZNER joined.

OPINION

ERVIN, Circuit Judge:

Judith M. Koenick ("Koenick"), a former public school teacher, filed this § 1983 action against the Board of Education of Montgomery County, Maryland ("the Board") challenging the constitutionality of a Maryland statute which provides for public school holidays on the Friday before Easter...

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