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WILEY v. FRANKLIN

CIV-1-78-1, CIV-1-78-2.

474 F.Supp. 525 (1979)

Katherine Ann WILEY, by next friend, David Wiley, and wife, Anna Wiley, Plaintiffs, v. John P. FRANKLIN, Conley R. Young, Mrs. C. M. Hooper, Rev. H. H. Battle, John David Kling, James L. McClanahan, E. S. Proctor, Jr., Members of the Board of Education of the City of Chattanooga, Tennessee, and the Board of Education of the City of Chattanooga, Tennessee, Defendants. Nancy SCHWARTZ, by next friend, Jack Wilkinson and Leah Mary Franke, by next friend, Robert E. Franke and wife, Dorothy Franke, Plaintiffs, v. James L. DOBSON, Jr., H. D. Duggan, Robert L. Frederick, James W. Hartley, John K. Witherspoon, Mrs. Helen W. Perry, Fred R. Skillern, Members of the Board of Education of Hamilton County, Tennessee, and the Board of Education of Hamilton County, Tennessee, Defendants.

United States District Court, E. D. Tennessee, S. D.

August 6, 1979.

Attorney(s) appearing for the Case

John L. Alley, Hixson, Tenn., for plaintiffs.

Randall L. Nelson, Asst. City Atty., Eugene N. Collins, City Atty., Ward Crutchfield, Asst. County Atty., Chattanooga, Tenn., for David Kesler & Frederick L. Hitchcock.

Robert Kirk Walker, Strang, Fletcher, Carriger, Walker, Hodge & Smith, Chattanooga, Tenn., special counsel for defendants.

MEMORANDUM

FRANK W. WILSON, Chief Judge.

These two related lawsuits present issues with regard to the constitutionality of certain courses of Bible study proposed for teaching in the public elementary schools of the City of Chattanooga and Hamilton County, Tennessee. In a prior phase of this litigation this Court adjudicated similar issues with respect to Bible study courses as offered and taught in these school systems in prior school years, including the...

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