Legal Opinion
Elbe v. Yankton Independent School District No. 63-3
District Court, D. South Dakota
Decided August 8, 1986No. Civ. 80-4034PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
NICHOL, District Judge.
The plaintiffs in this class action suit challenged the constitutionality of the South Dakota textbook loan statutes, S.D. C.L. sections 13-34-16.2 and 13-34-16.3, alleging that the statutes violated the Establishment Clause of the First Amendment of the United States Constitution, and sought both declaratory and injunctive re lief. For the reasons hereinafter stated, this court finds that the statutes are unconstitutional on their face under the South Dakota Constitution and permanently enjoin the defendants from furnishing any textbooks or…
2Cases cited15 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Hagans v. LavineSupreme Court of the United States · 1974
- Maher v. GagneSupreme Court of the United States · 1980
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3Cited by2 opinions
- Davey v. LockeCourt of Appeals for the Ninth Circuit · 2002
- Davey v. LockeCourt of Appeals for the Ninth Circuit · 2002