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LANNER v. WIMMER

Civ. No. NC 77-0025.

463 F.Supp. 867 (1978)

Ronald M. LANNER, Harriet E. Lanner, John A. Scherting, on behalf of themselves and all others similarly situated, Plaintiffs, v. Joanne WIMMER, Thad Carlson, E. Malcolm Allred, Ronald S. Peterson, Maria Ellsworth, constituting the Board of Education for the City of Logan, Utah, James C. Blair, Superintendent of Schools for the City of Logan, Utah, Rulon C. Olsen, Principal, Logan High School, Logan, Utah, Sherman Hansen, Principal, Logan Junior High School, Logan, Utah, and their officers, employees, agents and assigns, and the Utah State Board of Education (Defendant in Intervention), Defendants.

United States District Court, D. Utah, N. D.

December 11, 1978.

Attorney(s) appearing for the Case

Kathryn Collard, Stephen W. Cook, and Judith Romney Wolbach, on behalf of the American Civil Liberties Union, Salt Lake City, Utah, of counsel, for plaintiffs.

Arthur H. Nielsen and Clark R. Nielsen, of Nielsen, Henriod, Gottfredson & Peck, Salt Lake City, Utah, and David W. Sorenson, Logan, Utah, of counsel, for defendants.

Thomas C. Anderson, Asst. Atty. Gen., State of Utah, Salt Lake City, Utah, of counsel, for Utah State Board of Education, Defendant in Intervention.

MEMORANDUM OPINION

BRIMMER, District Judge.

This case presents the question of whether the release-time program of Logan City, Utah, in which its public school students have long been permitted to attend church-operated seminaries for religious instruction during regular school hours, violates the well-established guidelines developed by the Supreme Court concerning the meaning of the Establishment of Religion...

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