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MELLEN v. BUNTING

No. Civ.A.6:01CV00026.

181 F.Supp.2d 619 (2002)

Neil J. MELLEN & Paul S. Knick, Plaintiffs, v. Josiah BUNTING, III, in his individual capacity and in his official capacity as Superintendent, Virginia Military Institute, Defendant.

United States District Court, W.D. Virginia, Lynchburg Division.

January 24, 2002.

Attorney(s) appearing for the Case

Rebecca K. Glenberg, Richmond, VA, Jane Siobhan Glenn, Brian R. Jones, Jones & Glenn, PLC, Roanoke, VA, for plaintiffs.

Maureen Riley Matsen, Alison Paige Landry, Ashley L. Taylor, Jr., William Henry Hurd, Office of the Attorney General, Richmond, VA, for defendant.

MEMORANDUM OPINION

MOON, District Judge.

I.

A.

The issue before the Court is whether the Virginia Military Institute, a state military college and a public institution of higher learning, can compose and institute the recitation of a daily supper prayer without violating the First Amendment's guarantee that government "shall make no law respecting an establishment of religion." U...

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