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KITZMILLER v. DOVER AREA SCHOOL DIST.

No. 04cv2688.

400 F.Supp.2d 707 (2005)

Tammy KITZMILLER, et al., Plaintiffs, v. DOVER AREA SCHOOL DISTRICT, et al., Defendants.

United States District Court, M.D. Pennsylvania.

December 20, 2005.

Attorney(s) appearing for the Case

Ayesha Khan, Richard B. Katskee, Alex J. Luchenitser, Americans United for Speparation of Church and State, Washington, DC, Eric J. Rothschild, Stephen G. Harvey, Alfred H. Wilcox, Joseph M. Farber, Eric J. Goldberg, Stacy I. Gregory, Christopher J. Lowe, Benjamin M. Mather, Pepper Hamilton LLP, Philadelphia, PA, Thomas B. Schmidt III, Pepper Hamilton LLP, Harrisburg, PA, Mary Catherine Roper, American Civil Liberties Union of Pennsylvania, Philadelphia, PA, Paula Kay Knudsen, American Civil Liberties Union of Pennsylvania, Harrisburg, PA, Witold J. Walczak, American Civil Liberties Union of Pennsylvania, Pittsburgh, PA, for Plaintiffs.

Edward L. White, III, Julie Shotzbarger, Patrick T. Gillen, Richard Thompson, Robert J. Muise, Ann Arbor, MI, Ronald A. Turo, Turo Law Offices, Carlisle, PA, for Defendants.

MEMORANDUM OPINION

JONES, District Judge.

INTRODUCTION:

On October 18, 2004, the Defendant Dover Area School Board of Directors passed by a 6-3 vote the following resolution:

Students will be made aware of gaps/problems in Darwin's theory and of other theories of evolution including, but not limited to, intelligent design. Note: Origins of Life is not taught.

On November 19, 2004, the Defendant Dover Area School...

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