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AMERICANS UNITED FOR SEP. OF CHURCH & STATE v. PAIRE

Civ. A. No. 72-3.

348 F.Supp. 506 (1972)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE et al. v. Newell J. PAIRE, as Commissioner of Education of the State of New Hampshire et al.

United States District Court, D. New Hampshire.

September 13, 1972.

Attorney(s) appearing for the Case

Walter C. Wright, Jr., Woodbury, N. J., Kenneth E. Scott, Wilton, N. H., for plaintiffs.

Robert E. Hinchey, Burns, Bryant, Hinchey, Cox & Shea, Dover, N. H., for Roman Catholic Bishop of Manchester.

Howard B. Myers, Concord, N. H., for Attorney General of State of New Hampshire.

OPINION

BOWNES, District Judge.

The plaintiffs in this action challenge on First Amendment grounds the constitutionality of a facilities lease and dual enrollment agreement between the Nashua School District and the Holy Infant Jesus School of the Roman Catholic Bishop of Manchester whereby the School District leases classroom space in the building of the Holy Infant Jesus School and uses the leased space for the teaching of only secular courses solely to...

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