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SMITH v. BD. OF GOVERNORS OF UNIVERSITY OF N. C.

No. C-C-76-131.

429 F.Supp. 871 (1977)

Michael SMITH, Plaintiff, v. The BOARD OF GOVERNORS OF the UNIVERSITY OF NORTH CAROLINA et al., Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

March 30, 1977.

Attorney(s) appearing for the Case

Walter H. Bennett, Jr., Charlotte, N.C., and James W. Respess, Silver Spring, Md., for plaintiff.

Rufus L. Edmisten, Atty. Gen., for State of North Carolina, and James Wallace, Jr., Asst. Atty. Gen., for Board of Governors of the University of North Carolina.

William L. Rikard, Jr. and Joseph W. Grier, Jr., Grier, Parker, Poe, Thompson Bernstein, Gage & Preston, Charlotte, N.C., and Basil L. Whitener, Gastonia, N.C., for Belmont Abbey College.

Henry C. Doby, Jr., Albemarle, N.C., for Pfeiffer College.

Before HAYNSWORTH, Chief Circuit Judge, JONES, Chief District Judge, and McMILLAN, District Judge.

PER CURIAM:

A statutory three-judge court was convened to consider this constitutional challenge to North Carolina statutes extending tuition grants and scholarships to students enrolled in church-related colleges. The challenge is not to the entire program in a vacuum, but it is contended that sectarianism is so pervasive at Belmont Abbey College and Pfeiffer College that state tuition grants and scholarships to students at those institutions are in violation of...

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