U.S. Court of Appeals for the Eighth Circuit, 1998

Wamble v. Boyer

Wamble v. Boyer
U.S. Court of Appeals for the Eighth Circuit · Decided March 18, 1998 · Arnold, Fagg, McMillian
139 F.3d 605; 1998 U.S. App. LEXIS 5024 (Federal Reporter, Third Series)

Wamble v. Boyer

Opinion of the Court

PER CURIAM.

The court has considered the briefs of the parties and heard oral argument. Our decision is guided by the Supreme Court’s recent decision in Agostini v. Felton, — U.S. -, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997). In light of Agostini, we conclude the injunction implemented by the district court in August 1985 enjoining the Secretary of Education from providing instructional services in private religious schools must be dissolved. We thus reverse the district court and remand this case with instructions to vacate the injunction.

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