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FALWELL v. MILLER

No. CIV.A. 6:01CV00075.

203 F.Supp.2d 624 (2002)

Jerry FALWELL, as Pastor of Thomas Road Baptist Church, and the Trustees of Thomas Road Baptist Church, Plaintiffs, v. Clinton MILLER, in his official capacity as Chairman of the State Corporation Commission, Defendant.

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

April 15, 2002.

Attorney(s) appearing for the Case

Jerry Falwell, Jr., Lynchburg, VA, Mathew D. Staver, Joel L. Oster, Erik W. Stanley, Liberty Counsel, Longwood, FL, for plaintiffs.

Walter C. Erwin, III, Lynchburg, VA, William Henry Hurd, Office of Atty. Gen., Richmond, VA, Alexander Wayne Bell, Mary V. Barney, Law office of Alexander W. Bell, Lynchburg, VA, for, City of Lynchburg, Randolph A. Beales, Jerry W. Kilgore, defendants.

Guy Winston Horsley, Jr., Office of Atty. Gen., Richmond, VA, Philip R. de Haas, State Corp. Com'n Counsel to Com'n, Richmond, VA, for Clinton Miller, defendant.

William F. Etherington, Beale, Balfour, Davidson & Etherington, P.C., for Larry B. Palmer, defendant.

Elaine Scott Moore, Office of Atty. Gen., Richmond, VA, for Honorable M.G. Perrow, defendant.

Edward Meade Macon, Office of Atty. Gen., Richmond, VA, for William Petty, defendant.

Rebecca K. Glenberg, Richmond, VA, for American Civil Liberties Union, amicus.

H. Robert Showers, Greber, Simms & Showers, Leesburg, VA, Stuart J. Lark, Gregory S. Baylor, Christian legal Soc, Annandale, VA, for Southern Baptist Conservatives of Va., Christian Legal Soc., amicus.

OPINION

MOON, District Judge.

I. INTRODUCTION

Plaintiffs Rev. Jerry Falwell and the Trustees of Thomas Road Baptist Church ("Thomas Road" or "the Church") have filed this civil rights and declaratory judgment action against Clinton Miller, in his official capacity as Chairman of the State Corporation Commission ("SCC") of the Commonwealth of Virginia. The Plaintiffs allege that because the SCC refuses to grant a corporate charter to the Church...

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