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GALLAGHER v. SMILEY

Civ. A. No. 66-C-608.

270 F.Supp. 86 (1967)

Alan C. GALLAGHER, Plaintiff, v. Joseph R. SMILEY, the Regents of the University of Colorado, W. E. Briggs and Duke W. Dunbar, as Attorney General of the State of Colorado, Defendants.

United States District Court D. Colorado.

April 24, 1967.

Attorney(s) appearing for the Case

William F. Reynard and John D. Herron, Denver, Colo., for plaintiff.

John P. Holloway, Resident Counsel for University of Colorado and Asst. Atty. Gen. of Colorado, Boulder, Colo., for defendants.

Before HICKEY, Circuit Judge, and CHILSON and DOYLE, District Judges.

MEMORANDUM OPINION AND ORDER

CHILSON, District Judge.

The plaintiff instituted this action to enjoin the enforcement of a Colorado Statute (C.R.S.1963, Chapter 123, Article 17, Sections 6, 7 and 8) which provides, among other things, that a teacher employed to teach at a university in Colorado shall take the loyalty oath which is set forth in the statute and that any person in charge of a university who shall permit any teacher to teach without taking the...

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