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CHAMBERS v. MARSH

No. CV79-L-294.

504 F.Supp. 585 (1980)

Ernest CHAMBERS, Plaintiff, v. Frank MARSH, State Treasurer; Robert E. Palmer, Chaplain and Officer of the Nebraska Unicameral; Frank Lewis, John DeCamp, Robert L. Clark, Tom Fitzgerald, Steve Fowler, Howard A. Lamb, Richard D. Marvel, Loran Schmit, and Jerome Warner, in their official capacity as members of the Executive Board of the Legislative Council of the Nebraska Unicameral, Defendants.

United States District Court, D. Nebraska.

December 24, 1980.

Attorney(s) appearing for the Case

Herbert J. Friedman, Lincoln, Neb., Stephen L. Pevar, ACLU, Denver, Colo., for plaintiff.

Shaner L. Cronk, Asst. Atty. Gen., Lincoln, Neb., for defendants.

URBOM, Chief Judge.

At stake is the practice of having each day's proceedings of the Nebraska Unicameral Legislature open with a prayer by a chaplain who is paid with public funds and of having those prayers published at state expense and distributed to members and nonmembers. I conclude that the Establishment Clause of the First Amendment to the Constitution of the United States is not breached by having the prayers, but is breached by paying the chaplain to say...

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