Legal Opinion

Bangor Baptist Church v. Maine, Department of Educational & Cultural Services

District Court, D. Maine

Decided October 26, 1982No. Civ. A. 81-0180-BPublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM DECISION

CYR, District Judge.

The Court is presented with a motion to dismiss the complaint for failure to state a claim upon which relief can be granted, which is accompanied by matters outside the pleadings, not excluded by the Court, and is to be treated as a motion for summary judgment. Fed.R.Civ.P. 12(b). Medina v. Rudman, 545 F.2d 244, 247 (1st Cir.1976). The parties have supplemented the record, both before and after oral argument, with affidavits and memoranda of law.

The plaintiffs include fundamentalist Christian churches, teachers, pastors, parents and an association of…

2Cases cited96 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Grayned v. City of RockfordSupreme Court of the United States · 1972
  5. Broadrick v. OklahomaSupreme Court of the United States · 1973

91 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. City of Portland v. JacobskySupreme Judicial Court of Maine · 1985
  2. Richard Mazanec v. North Judson-San Pierre School CorporationCourt of Appeals for the Seventh Circuit · 1985
  3. Blackwelder v. SafnauerDistrict Court, N.D. New York · 1988
  4. State v. PatzerNorth Dakota Supreme Court · 1986
  5. Blount v. Department of Educational & Cultural ServicesSupreme Judicial Court of Maine · 1988

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API