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VOSWINKEL v. CITY OF CHARLOTTE

No. C-C-80-012.

495 F.Supp. 588 (1980)

Patricia J. VOSWINKEL, and the Society of Separationists, Inc. (a/k/a American Atheists), Plaintiffs, v. CITY OF CHARLOTTE and J. C. Goodman, as Chief of the Charlotte Police Department, Defendants.

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

Judgment August 19, 1980.

Attorney(s) appearing for the Case

Jonathan Wallas and James C. Fuller, Jr., Chambers, Stein, Ferguson & Becton, P. A., Charlotte, N. C., for plaintiffs.

Henry W. Underhill, Jr., City Atty., Richard D. Boner, Asst. City Atty., City of Charlotte, Charlotte, N. C., for defendants.

MEMORANDUM OF DECISION

McMILLAN, District Judge.

I.

INTRODUCTION

This is a suit for declaratory and injunctive relief challenging the constitutionality of the police chaplaincy recently created by the City of Charlotte. Patricia J. Voswinkel, the individual plaintiff and president of the local chapter of the corporate co-plaintiff, the Society of Separationists, Inc., is a resident taxpayer of the City of Charlotte and an avowed atheist...

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