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SHELDON v. FANNIN

Civ. No. 749.

221 F.Supp. 766 (1963)

George W. SHELDON, Patricia Ruth Sheldon, Merle Wallace Wingo and Betty Mae Wingo, Plaintiffs, v. Paul FANNIN, W. W. Dick, Richard A. Harvill, Lawrence J. Walkup, G. Homer Durham, Charles Burton, Bessie Kidd Best and Waldo M. Dicus, as Members of the State Board of Education of the State of Arizona, and Such Board, W. W. Dick, as Superintendent of Public Instruction of the State of Arizona, Frank Crosby, Vera Matthews and A. L. Penrod as Members of the Board of Trustees of Pinetop Elementary School, Pinetop, Arizona, and Such Board, Defendants.

United States District Court D. Arizona, Prescott Division.

August 29, 1963.

Attorney(s) appearing for the Case

Hayden C. Covington, Brooklyn, N. Y., Harry J. Valentine, Phoenix, Ariz., Victor V. Blackwell, Covington, La., for plaintiffs.

Robert W. Pickrell, Atty. Gen., Frank Sagarino, Asst. Atty. Gen., of Arizona, Fred O. Wilson, County Atty., of Navajo County, for defendants.

MATHES, District Judge:

This is a suit for injunctive relief, brought pursuant to the Civil Rights Act of 1871. [42 U.S.C. §§ 1983, 1985(3) and 1988.] Jurisdiction of this Court is invoked under 28 U.S.C. § 1343(3).

Plaintiffs Sheldon are the parents of Daniel Mark Sheldon. Plaintiffs Wingo are the parents of Merle William Wingo and Jere Bruce Wingo. All are Jehovah's Witnesses. These plaintiffs, suing only as parents, have no standing to sue...

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