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EULITT EX REL. EULITT v. MAINE, DEPT. OF EDUC.

No. 04-1496.

386 F.3d 344 (2004)

John EULITT and Belinda Eulitt, as Parents and Next Friends of Cathleen N. Eulitt, et al., Plaintiffs, Appellants, v. State of MAINE, DEPARTMENT OF EDUCATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 22, 2004.

Attorney(s) appearing for the Case

Stephen C. Whiting, with whom The Whiting Law Firm, P.A. was on brief, for appellants.

Paul Stern, Deputy Attorney General, with whom G. Steven Rowe, Attorney General, William H. Laubenstein, III, and Sarah A. Forster, Assistant Attorneys General, were on brief, for appellees.

Robert H. Chanin, Andrew D. Roth, Laurence Gold, Bredhoff & Kaiser, P.L.L.C., Elliott M. Mincberg, Judith E. Schaeffer, Ayesha N. Khan, Zachary L. Heiden, Jeffrey A. Thaler, and Bernstein, Shur, Sawyer & Nelson, P.A. on consolidated brief for Maine Education Association, National Education Association, Americans United for Separation of Church and State, People for the American Way Foundation, and Maine Civil Liberties Union, amici curiae.

Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SCHWARZER, Senior District Judge.

SELYA, Circuit Judge.

This case calls upon us to decide whether the Equal Protection Clause requires Maine to extend tuition payments to private sectarian secondary schools on behalf of students who reside in a school district that makes such payments available on a limited basis to private nonsectarian secondary schools. We hold that the Equal Protection Clause does not impose any such obligation. Accordingly, although our reasoning differs from that of the district...

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