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DUFFY v. LAS CRUCES PUB. SCHOOLS

Civ. No. 81-0876-JB.

557 F.Supp. 1013 (1983)

Jerry DUFFY, on his own behalf and as next friend of John P. Duffy, his minor son, Plaintiff, v. LAS CRUCES PUBLIC SCHOOLS, et al., Defendants.

United States District Court, D. New Mexico.

February 10, 1983.

Attorney(s) appearing for the Case

Saenz & Gonzales, Dan A. Gonzales, Angel L. Saenz, Las Cruces, N.M., for plaintiff.

Simons, Cuddy & Friedman, C. Emery Cuddy, Jr., Santa Fe, N.M., for defendants.

MEMORANDUM OPINION AND ORDER

BURCIAGA, District Judge.

THIS MATTER comes before the Court for resolution of the merits of the plaintiff's complaint. At issue is the constitutionality of § 22-5-4.1, NMSA 1978, a statute authorizing local school boards in New Mexico to implement a daily moment of silence in public schools within the local school districts. Having considered the evidence adduced at trial, the arguments of counsel and the relevant authorities...

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