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DiCENSO v. ROBINSON

Civ. A. No. 4239.

316 F.Supp. 112 (1970)

Joan DiCENSO et al., Plaintiffs, v. William P. ROBINSON, Jr., et al., Defendants, and John R. Earley et al., Intervenor-Defendants.

United States District Court, D. Rhode Island.

Probable Jurisdiction Noted November 9, 1970.

Attorney(s) appearing for the Case

Leo Pfeffer, New York City, Alan M. Shine, and Richard W. Zacks, Harold E. Adams, Jr., William J. Sheehan, Benjamin A. Smith, Milton Stanzler, Providence, R. I., for plaintiffs.

Herbert F. DeSimone, Atty. Gen. of Rhode Island, W. Slater Allen, Jr., Asst. Atty. Gen. of Rhode Island, Providence, R. I., for defendants.

Edward Bennett Williams, Jeremiah C. Collins, Charles H. Wilson, Jr., Washington, D. C., Richard P. McMahon, William F. McMahon, of Roberts & Mcmahon, Providence, R. I., for intervenor-defendants.

Franklin C. Salisbury, Washington, D. C., for Protestants and Other Americans United for Separation of Church and State, amicus curiae.

Before COFFIN, Circuit Judge, and PETTINE, and BOWNES, Judges.

Probable Jurisdiction Noted November 9, 1970. See 91 S.Ct. 142.

OPINION

COFFIN, Circuit Judge.

Rhode Island's Salary Supplement Act, R.I. Public Laws c. 246 (1969) provides for the payment of state funds to teachers of secular subjects in non-public elementary schools. At present the sole beneficiaries of this statute are teachers in Roman Catholic schools. This suit seeks a declaration that the Act violates the Establishment and Free Exercise Clauses...

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