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PROTESTANTS, ETC., UNITED FOR SEP. OF CH. & ST. v. UNITED STATES

No. 3303.

266 F.Supp. 473 (1967)

PROTESTANTS AND OTHER AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, etc., et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court S. D. Ohio, W. D.

March 20, 1967.

Attorney(s) appearing for the Case

Emanuel Nadlin, Dayton, Ohio, for plaintiffs.

Robert Draper, U. S. Atty., Roger Makley, Asst. U. S. Atty., Leslie A. Nicholson, Dept. of Justice, of counsel, for United States.

Wm. B. Saxbe, Atty. Gen., Charles S. Lopeman, Asst. Atty. Gen., for John D. Herbert, R. A. Horn and Jack E. Brown.

James W. Drake, City Atty., Dayton, Ohio, for defendant, Robert B. French, Supt. of Schools.

ORDER

WEINMAN, Chief Judge.

This matter is before the Court upon motions of defendants to dismiss. The plaintiffs are a nonprofit corporation, Protestants and Other Americans United for Separation of Church and State, aka Americans United, and twenty-two named individuals some of whom are citizens of the State of Ohio and some of whom are citizens of other states. The named defendants are Harold Howe, II as Commissioner of Education of the United States...

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