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MERCER v. MICHIGAN STATE BOARD OF EDUCATION

Civ. A. No. 4-70164.

379 F.Supp. 580 (1974)

Alexander R. MERCER and Richard H. Goldfine, M.D., and all others similarly situated, Plaintiffs, v. MICHIGAN STATE BOARD OF EDUCATION et al., Defendants.

United States District Court, E. D. Michigan, S. D.

July 18, 1974.

Attorney(s) appearing for the Case

Roy Lucas, Washington, D. C., George G. Newman, Detroit, Mich., for plaintiffs.

Gerald F. Young, Asst. Atty. Gen., Lansing, Mich., for defendants.

Before ENGEL, Circuit Judge, and FEIKENS and JOINER, District Judges.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

I. Background

This action was commenced on August 7, 1973 when the plaintiffs filed a complaint for declaratory and injunctive relief against the state education law which prohibits discussion of birth control in the public schools. Plaintiffs seek declaratory relief and preliminary and permanent injunctions prohibiting enforcement of Michigan Statutes Annotated, §§ 15.3782 and 15.3789...

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