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MARSH v. EARLE

No. 1330.

24 F.Supp. 385 (1938)

MARSH v. EARLE, Governor, et al.

District Court, M. D. Pennsylvania.

August 17, 1938.

Attorney(s) appearing for the Case

H. Eugene Gardner, of Glenside, Pa., Andrew G. Smith, of Pittsburgh, Pa., Walter Compton and Harold R. Prowell, both of Harrisburg, Pa., and Ralph Sheetz, of Enola, Pa., for plaintiff.

Guy K. Bard, Atty. Gen., and James H. Thompson, Sp. Deputy Atty. Gen., and L. Floyd Hess and Edwin Blumenthal, both of Carlisle, Pa., for defendants.

JOHNSON, District Judge.

This is a motion equivalent to a demurrer to dismiss a bill of complaint praying for an injunction to restrain defendants from enforcing the provisions of the compulsory school attendance laws of the state of Pennsylvania. The facts are not in dispute.

On March 9, 1938, the plaintiff was arrested for violating the School Code, Act of 1911, P.L. 383, by rendering his son ineligible for admission to the schools of the state by refusing...

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