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WILEY v. FRANKLIN

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

497 F.Supp. 390 (1980)

Katherine Ann WILEY, by next friend, David Wiley, and wife, Ann Wiley, Plaintiffs, v. John P. FRANKLIN, Corley 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.

September 5, 1980.

Attorney(s) appearing for the Case

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

Randall L. Nelson, Asst. City Atty., Eugene N. Collins, City Atty., Chattanooga, Tenn., Ward Crutchfield, Asst. County Atty., Strang, Fletcher, Carriger, Walker, Hodge & Smith, Chattanooga, Tenn., for defendants.

OPINION

FRANK W. WILSON, Chief Judge.

These two related lawsuits present First Amendment constitutional issues with regard to certain Bible study courses taught in the public elementary schools of the City of Chattanooga and Hamilton County, Tennessee. The lawsuits had their origin in 1978 when the plaintiffs, students and parents of students, initiated the action seeking to enjoin the further teaching of Bible study courses in the City and County elementary...

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