District Court, D. Maine March 9, 2004, CV-02-162-B-W (Eulitt v. Maine Department of Education)

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

WOODCOCK, District Judge.

In

Strout v. Albanese,

178 F.3d 57 (1st Cir.1999), the First Circuit upheld the constitutionality of 20-A M.R.S.A. § 2951(2), which provides only nonsectarian schools are eligible for receipt of public funds for tuition purposes.