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MEEK v. PITTENGER

No. 73-1765.

421 U.S. 349 (1975)

95 S.Ct. 1753

44 L.Ed.2d 217

MEEK ET AL. v. PITTENGER, SECRETARY OF EDUCATION, ET AL.

Supreme Court of United States.

Decided May 19, 1975.

Attorney(s) appearing for the Case

Leo Pfeffer and William P. Thorn argued the cause and filed briefs for appellants.

J. Justin Blewitt, Jr., Deputy Attorney General of Pennsylvania, argued the cause for appellees Pittenger et al. With him on the brief was Israel Packel, Attorney General. William Bentley Ball argued the cause for appellees Diaz et al. With him on the brief were Joseph G. Skelly, James E. Gallagher, Jr., C. Clark Hodgson, Jr., and William D. Valente. Henry T. Reath argued the cause and filed a brief for appellees Chesik et al.*

Briefs of amici curiae urging affirmance were filed by Stuart D. Hubbell for the Council for American Private Education, and by Howard Gould for the National Audio-Visual Association, Inc.

MR. JUSTICE STEWART announced the judgment of the Court and delivered the opinion of the Court (Parts I, II, IV, and V), together with an opinion (Part III), in which MR. JUSTICE BLACKMUN and MR. JUSTICE POWELL, joined.

This case requires us to determine once again whether a state law providing assistance to nonpublic, church-related, elementary and secondary schools is constitutional under the Establishment Clause of the First Amendment, made applicable to the States...

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