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GAINES v. ANDERSON

Civ. A. No. 76-435-M.

421 F.Supp. 337 (1976)

Lynda GAINES et al., Plaintiffs, v. Winston D. ANDERSON et al., Defendants.

United States District Court, D. Massachusetts.

September 1, 1976.

Attorney(s) appearing for the Case

Daniel D. Levenson, William J. Eisen, Lourie & Cutler; and John Reinstein, Civil Liberties Union of Mass., Boston, Mass., for plaintiffs.

Alfred J. Mainini, Mainini & Mainini, Framingham, Mass., for defendants.

Before COFFIN, Chief Circuit Judge, and MURRAY and SKINNER, District Judges.

OPINION

FRANK J. MURRAY, District Judge.

The plaintiffs bring this action pursuant to 42 U.S.C. § 1983 to challenge the constitutionality of the Massachusetts statute, and the guidelines of the school committee of the town of Framingham adopted to implement it, which requires the observance of a period of silence at the opening of the school day in the public schools. The statute reads:

At the commencement of the first class of each day in...

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