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SCHEMPP v. SCHOOL DISTRICT OF ABINGTON TOWNSHIP, PENNSYLVANIA

Civ. A. No. 24119.

195 F.Supp. 518 (1961)

Edward Lewis SCHEMPP, Sidney Gerber Schempp, individually and as parents and natural guardians of Ellory Frank Schempp, Roger Wade Schempp and Donna Kay Schempp v. SCHOOL DISTRICT OF ABINGTON TOWNSHIP, PENNSYLVANIA, James F. Koehler, O. H. English, Eugene Stull and M. Edward Northam.

United States District Court E. D. Pennsylvania.

June 22, 1961.

Attorney(s) appearing for the Case

Henry W. Sawyer, III, of Drinker, Biddle & Reath, Wayland H. Elsbree, of White & Williams, Philadelphia, Pa., for plaintiffs.

C. Brewster Rhoads, Philip H. Ward, III, of Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., Percival R. Rieder, Abington, Pa., for defendants.

Theodore Mann, Philadelphia, Pa., for American Jewish Congress, amicus curiae.

Anne X. Alpern, Atty. Gen., by John D. Killian, III, Asst. Atty. Gen., for the Commonwealth of Pa.

Before BIGGS, Circuit Judge, KIRKPATRICK, Senior District Judge, and KRAFT, District Judge.

PER CURIAM.

On September 17, 1959 we entered a judgment declaring unconstitutional Section 1516 of the Pennsylvania Public School Code of March 10, 1949 as amended, 24 P.S. § 15-1516. See D.C.1959, 177 F.Supp. 398. On November 12, 1959 the defendants appealed to the Supreme Court of the United States. On December 23, 1959 they filed a motion in this court pursuant to Rule 60(b), Fed.R.Civ. Proc., 28 U.S.C., for relief from...

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