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United States First Circuit


EULITT v. STATE OF MAINE, 04-1496

The Equal Protection Clause does not require defendant (state of Maine) to extend tuition payments to private sectarian secondary schools on behalf of students who reside in a school district that makes such payments available on a limited basis to private nonsectarian secondary schools.

Appellate Information

  • Decided 10/25/2004
  • Published 10/25/2004

Judges

  • SELYA, Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Stephen C. Whiting, with whom The Whiting Law Firm, P.A. was on brief, for appellants., Robert H. Chanin, Andrew D. Roth, Laurence Gold, Bredhoff & Kaiser, P.L.L.C., Elliott M. Mincberg, Judith E. Schaeffer, Ayesha N. Khan, Zachary L. Heiden, Jeffrey A. Thaler, and Bernstein, Shur, Sawyer & Nelson, P.A. on consolidated brief for Maine Education Association, National Education Association, Americans United for Separation of Church and State, People for the American Way Foundation, and Maine Civil Liberties Union, amici curiae.

  • For Appellees:
  • Paul Stern, Deputy Attorney General, with whom G. Steven Rowe, Attorney General, William H. Laubenstein, III, and Sarah A. Forster, Assistant Attorneys General, were on brief, for appellees.
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