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DeSPAIN v. DeKALB COUNTY COMMUNITY SCHOOL DIST. 428

No. 66 C 543.

255 F.Supp. 655 (1966)

Lyle A. DeSPAIN and Mary R. DeSpain, individually, and as parents and natural guardians of Laura I. DeSpain, a minor, and as taxpayers on Behalf of themselves and all other persons similarly situated, Plaintiffs, v. DeKALB COUNTY COMMUNITY SCHOOL DISTRICT 428, a body politic, The Board of Education of DeKalb County Community School District 428, Marvin L. Berge, Esther Watne and George P. Riccio, Defendants.

United States District Court N. D. Illinois, E. D.

June 27, 1966.

Attorney(s) appearing for the Case

Ralph Jonas, Chicago, Ill., for plaintiffs.

Peter Fitzpatrick, Chicago, Ill., and John A. Leifheit, Leifheit & Cliffe, DeKalb, Ill., for defendants.

Decision on Merits on Complaint for Injunction

ROBSON, District Judge.

Plaintiffs seek an injunction against the alleged violation of their constitutional rights by virtue of the recital in the kindergarten class which their child, Laura I. DeSpain, attends, of the following verse, which they deem to be a prayer:

"We thank you for the flowers so sweet; We thank you for the food we eat; We thank you for the...

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