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-77-

LITIGATION REPORT

[[underline]] NEW CASES: [[/underline]]

NONE

[[underline]] CASES PREVIOUSLY REPORtED: [[/underline]]

1. [[underline]] Chedister [[/underline]] v. [[underline]] United States [[/underline]]

Plaintiff instituted this suit for back pay and related relief in the U. S. Court of Claims in August 1976, alleging that the Institution's termination in 1975 of his employment at the National Air and Space Museum was unlawful. Trial in this case was conducted in October 1978. On June 13, 1980, the trial judge recommended a decision entirely favorable to the United States/Smithsonian Institution. Exceptions to the recommendation of the trial judge have been taken by the plaintiff.

2. [[underline]] Crowley [[/underline]] v. [[underline]] Smithsonian Institution [[/underline]]

This action, filed in April 1978 in the U. S. District Court for the District of Columbia, alleges that references to "evolution" in the exhibits of the National Museum of Natural History violate the "establishment of religion" clause of the First Amendment of the Constitution. Plaintiffs, two of whom are Baptist ministers, seek to enjoin the Smithsonian from in any manner depicting the theories of evolution or expending (federal) appropriated funds therefor, or, in the alternative, to compel the Smithsonian to expend an amount equal to that spent on evolution theory on the presentation of the "creation/design" theory based on the Book of Genesis. The motion to dismiss filed on behalf of the Smithsonian was granted in December 1978. On October 30, 1980, the U. S. Court of Appeals for the District of Columbia Circuit affirmed the December 1978 decision of the District Court. To date the plaintiffs have not filed a petition for certiorari in the Supreme Court of the United States.

3. [[underline]] Foster [[/underline]] v. [[underline]] Ripley [[/underline]]

This suit for wrongful dismissal was filed by a former Vice President of the Smithsonian Science Information Exchange, Inc. The plaintiff seeks damages against the corporation and its board members, as well as reinstatement. The U. S. District Court for the District of Columbia granted a summary judgement in favor of the defendant board members on August 23, 1977. The decision of the Court was appealed by plaintiff. Oral argument on the appeal was heard on October 24, 1980. A decision of the U. S. Court of Appeals is pending.

4. There have been no recent developments in the following cases, which have been reported previously to the Board:

[[underline]] Bowler [[/underline]] v. [[underline]] Ripley [[/underline]] (racial discrimination) - Filed September 1977 in the U.S.D.C. for the District of Columbia. Pretrial discovery proceedings, as well as settlement negotiations, in process.