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MINNESOTA FEDERATION OF TEACHERS v. NELSON

Civ. No. 4-87-211.

740 F.Supp. 694 (1990)

MINNESOTA FEDERATION OF TEACHERS on behalf of their organization and members; Richard M. Mans, President Minnesota Federation of Teachers, Taxpayer, Plaintiffs, v. Thomas A. NELSON, Commissioner of the Minnesota Department of Education, et al., Defendants.

United States District Court, D. Minnesota, Fourth Division.

July 2, 1990.

Attorney(s) appearing for the Case

Roger A. Peterson, Ron Marks, and Peterson, Engberg & Peterson, Minneapolis, Minn., for plaintiffs.

Cindy L. Lavorato, Sp. Asst. Atty. Gen., St. Paul, Minn., for defendants Com'r of Educ. and President of the State Bd. of Educ.

Robert J. Sheran, James P. McCarthy, and Lindquist & Vennum, Minneapolis, Minn., for defendants Bethel College, Concordia College Moorhead, Augsburg College, St. John University, College of St. Catherine, Hamline University and Macalester College.

R. Scott Miller, Jr., Volunteer Atty. for Amicus Minnesota Civil Liberties Union, St. Paul, Minn. and Judith A. Cook, Minnesota Civil Liberties Union, Minneapolis, Minn.

ORDER

DOTY, District Judge.

This matter is before the court on the remaining parties' cross-motions for summary judgment. Based on the briefs and arguments of counsel, and the record, file and proceedings herein, defendants' motion will be granted in part and denied in part and plaintiff Richard Mans' motion will be denied.1

BACKGROUND

Plaintiff brings this action as a taxpayer challenging the constitutionality...

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