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MOUNTAIN STATES LEGAL, ETC. v. DENVER SCHOOL DIST.

Civ. A. No. 78 M 1094.

459 F.Supp. 357 (1978)

MOUNTAIN STATES LEGAL FOUNDATION, a Non-Profit Colorado Corporation, its members who are residents, taxpayers, and voters within the State of Colorado and Denver School District # 1, Witti Schmidt and Dotty Castle, Plaintiffs, v. DENVER SCHOOL DISTRICT # 1, Colorado Association of School Boards, and the following individuals: Mr. Omar Blair, Mrs. Virginia T. Rockwell, Dr. Fernie Baca Moore, Mrs. Naomi Bradford, Mr. Robert L. Crider, Reverend Marion J. Hammond, Mrs. Katherine W. Schomp, Mr. Robert Sexson, Ms. Gladys Eddy, Ms. Peggy Lippoth, Mr. Bruce C. McAffee, Mr. Richard L. Quigg, Mr. Robert Felmlee, Ms. Joyce Husband, Dr. Frederick Bierhaus, Mr. Henry E. Bollman, Ms. Dorothea A. Farris, Mr. Robert G. Wilson, Mr. Donald D. Ament, Mr. John Swenson, Mr. Michael T. Vaggalis, and Mr. Frank Miles, Defendants.

United States District Court, D. Colorado.

October 28, 1978.

Attorney(s) appearing for the Case

William G. Sumners, Jr., Sumners & Fowler, Denver, Colo., and Lance Wells, Mountain States Legal Foundation, Denver, Colo., for plaintiffs.

Michael H. Jackson, Denver, Colo., for defendants Denver School District # 1, Mr. Omar Blair, Mrs. Virginia T. Rockwell, Dr. Fernie Baca Moore, Mrs. Naomi Bradford, Mr. Robert L. Crider, Reverend Marion J. Hammond and Mrs. Katherine W. Schomp.

Reese Miller, Denver, Colo., for defendants Colorado Association of School Boards and the remaining individual defendants.

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

The official ballot to be presented to the electorate of the State of Colorado at the general election on November 7, 1978 contains, as Amendment No. 2, a proposal to amend the Colorado Constitution in a manner which would affect the authority of all levels of representative government in Colorado to spend public funds. That proposal was placed on the ballot by a voters' petition in the exercise of the...

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