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

Civ. A. No. 6940.

384 F.Supp. 714 (1974)

AMERICANS UNITED FOR the SEPARATION OF CHURCH AND STATE, a District of Columbia Corporation, et al., Plaintiffs, v. Winfield DUNN, Individually and in his official capacity as Governor of Tennessee, et al., Defendants.

United States District Court, M. D. Tennessee, Nashville Division.

Stay Granted February 18, 1975.

Attorney(s) appearing for the Case

Gary W. Blackburn, Blackburn & McCune, Nashville, Tenn., for plaintiffs.

David M. Pack, Atty. Gen., of Tenn., and W. Henry Haile, Asst. Atty. Gen., of Tenn., Nashville, Tenn., for defendants.

Richard D. Taylor, Glasgow, Adams & Taylor, Nashville, Tenn., for amicus curiae, The Roman Catholic Diocese of Nashville.

Hugh C. Howser, Howser, Thomas, Summers & Binkley, Nashville, Tenn., for amicus curiae, David Lipscomb College.

Before MILLER, Circuit Judge, GRAY, Chief District Judge, and MORTON, District Judge.

Stay Granted February 18, 1975. See 95 S.Ct. 1114.

FRANK GRAY, Jr., Chief District Judge:

This action presents a challenge to the constitutionality of the Tennessee Tuition Grant Program (T.C.A. § 49-4601 et seq.), a challenge grounded upon the proposition that the type of State aid to education afforded thereunder is repugnant to the religious freedom provisions of the First Amendment to the United States...

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