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TANFORD v. BRAND

No. IP 95-492 C B/S.

883 F.Supp. 1231 (1995)

James Alexander TANFORD, Kimberly J. MacDonald, and David Suess, Plaintiffs, v. Dr. Myles BRAND, in his individual and official capacities as President of Indiana University, and Dr. Kenneth R.R. Gros Louis, in his official capacities as Vice President and Chancellor of Indiana University at Bloomington, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

May 4, 1995.

Attorney(s) appearing for the Case

Richard A. Waples, Cheri A. Harris, Indiana Civ. Liberties Union, Indianapolis, IN, for plaintiffs.

Dorothy J. Frapwell, Michael A. Klein, Indiana University, Bloomington, IN, Robert P. Johnstone, Stanley C. Fickle, David E. Kirtley, Barnes & Thornburg, Indianapolis, IN, for defendants.

BARKER, Chief Judge.

Today we must answer a question explicitly left open by the Supreme Court in Lee v. Weisman, ___ U.S. ___, 112 S.Ct. 2649, 120 L.Ed.2d 467 (1992) — namely, whether a member of the clergy may offer prayers as part of a public university's graduation ceremony consistent with the Establishment Clause of the United States Constitution. Because Plaintiffs failed to demonstrate a likelihood of their succeeding on the merits, we deny their...

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