Legal Opinion

Dr. Harry W. Theriault, A/K/A Shiloh, the Bishop of Tellus, Plaintiffs v. Frederick Silber, and Rev. Jack A. Hanberry, Defendants

Court of Appeals for the Fifth Circuit

Decided April 19, 1977No. 75-2269PublishedCited by 35 opinions

1Per curiam

In two of three cases 1 consolidated for appeal in Theriault v. Carlson, 5 Cir., 1974, 495 F.2d 390; this Court vacated the District Court’s determinations and remanded for a full evidentiary hearing on whether the Eclatarian faith, also known as the Church 'of the New Song, was a religion within the ambit of protections conferred by the Free Exercise and Establishment clauses of the First Amendment. On remand, Theriault I was transferred pursuant to 28 U.S.C.A. § 1404(a) to the United States District Court for the Western District of Texas so the evidentiary hearing required by our mandate…

2Cases cited15 opinions

  1. Wisconsin v. YoderSupreme Court of the United States · 1972
  2. Sherbert v. VernerSupreme Court of the United States · 1963
  3. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
  4. Abington School Dist. v. SchemppSupreme Court of the United States · 1963
  5. United States v. SeegerSupreme Court of the United States · 1965

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3Cited by35 opinions

  1. Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
  2. James J. Kaufman v. Gary R. McCaughtryCourt of Appeals for the Seventh Circuit · 2005
  3. Dafro M. JEFFERIES, Plaintiff-Appellant, v. HARRIS COUNTY COMMUNITY ACTION ASSOCIATION Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1980
  4. In The Matter Of Fidelity Holding Company, Ltd.Court of Appeals for the Fifth Circuit · 1988
  5. Dr. Harry W. Theriault v. Frederick Silber, Director, United States Chaplain ServiceCourt of Appeals for the Fifth Circuit · 1978

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