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EULITT v. MAINE DEPT. OF EDUC.

No. CV-02-162-B-W.

307 F.Supp.2d 158 (2004)

John EULITT, et al., Plaintiffs, v. MAINE DEPARTMENT OF EDUCATION, et al., Defendants.

United States District Court, D. Maine.

March 9, 2004.

Attorney(s) appearing for the Case

Stephen C. Whiting, Whiting Law Firm, P.A., Portland, ME, Vincent P. McCarthy, Kristina J. Wenberg, The American Center for Law and Justice-Northeast Inc., New Milford, CT, for Plaintiffs.

Paul Stern, Assistant Attorney General, Sarah A. Forster, Assistant Attorney General, William H. Laubenstein, III, Maine Assistant Attorney General, Augusta, ME, for Defendants.

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

WOODCOCK, District Judge.

In Strout v. Albanese, 178 F.3d 57 (1st Cir.1999), the First Circuit upheld the constitutionality of 20-A M.R.S.A. § 2951(2), which provides only nonsectarian schools are eligible for receipt of public funds for tuition purposes.1 The Plaintiffs invite this Court to revisit Strout...

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