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BRIGHT v. ISENBARGER

No. 70 F 38.

314 F.Supp. 1382 (1970)

Darcel L. BRIGHT, by her next friend, Betty L. Royal, Dolly Woods, by her next friend, Arline Woods, individually and on behalf of all other students similarly situated, Plaintiffs, v. Donald ISENBARGER, individually and in his capacity as principal of Central Catholic High School; J. William Lester, individually and in his capacity as Superintendent of the Fort Wayne-South Bend Diocesan Schools, Defendants.

United States District Court, N. D. Indiana, Fort Wayne Division.

July 6, 1970.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner, Fort Wayne, Ind., for plaintiffs.

Jerome J. O'Dowd, Fort Wayne, Ind., for defendants.

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, District Judge.

This action is before the court upon plaintiffs' motion for a preliminary injunction and upon the defendants' motion to dismiss for failure to state a claim upon which relief may be granted. Plaintiffs, two high school sophomores, seek inter alia to be readmitted into Central Catholic High School, a private parochial secondary school owned by the Roman Catholic Diocese of Fort Wayne-South...

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