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AVARD v. DUPUIS

Civ. A. No. 74-18.

376 F.Supp. 479 (1974)

Ronald A. AVARD and Ronald A. Avard, as he is father and next friend of John Avard v. Sylvio L. DUPUIS, as he is Chairman of the Manchester Board of School Committee, et al.

United States District Court, D. New Hampshire.

May 14, 1974.

Attorney(s) appearing for the Case

Charles G. Douglas, III, Perkins, Douglas & Brock, Concord, N. H., for plaintiff.

Clifford J. Ross, City Sol., City of Manchester, N. H., for defendants.

Before COFFIN, Circuit Judge, and CAFFREY and BOWNES, District Judges.

OPINION

BOWNES, District Judge.

Plaintiff, Mr. Avard, is the father of a six year old son, John, who was dismissed from a kindergarten class of the Manchester, New Hampshire, public school system because he had not been vaccinated. Mr. Avard claimed, but was refused, a religious exemption, which may be granted "at the discretion of the local board." NH RSA 200:38(II). He now seeks to challenge the constitutionality...

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