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STARK v. INDEPENDENT SCHOOL DIST. NO. 640

No. 3-94-1597.

938 F.Supp. 544 (1996)

Matthew STARK and Marcia Neely, Plaintiffs, v. INDEPENDENT SCHOOL DISTRICT NO. 640, Defendants.

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

August 22, 1996.

Attorney(s) appearing for the Case

Timothy E. Branson and Joel Wiginton of Dorsey & Whitney, Minneapolis, MN, and Robert J. Bruno, Burnsville, MN, for Plaintiffs.1

Pat A. Cipollone and C. Hunter Wiggins of Kirkland & Ellis, Washington, DC, and Erick G. Kaardal of Trimble & Associates, Ltd., Minneapolis, MN, for Defendants.

Roger A. Peterson of Peterson, Engberg & Peterson, Minneapolis, MN, for Amicus Minnesota Federation of Teachers.

MEMORANDUM AND ORDER

DAVIS, District Judge.

In September 1993, the Independent School District No. 640 ("School District") opened an elementary school in Vesta, Minnesota. Matthew Stark and Marcia Neely ("Plaintiffs") are Minnesota state taxpayers who have brought this action seeking to close the Vesta school on the basis that the creation and operation of the Vesta school violates the First Amendment's guarantee...

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