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STATE, EX REL. DUNHAM v. BD. OF EDN.

No. 32215.

154 Ohio St. 469 (1951)

THE STATE, EX REL. DUNHAM, APPELLANT, v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF CINCINNATI, APPELLEE.

Supreme Court of Ohio.

Decided January 24, 1951.

Attorney(s) appearing for the Case

Mr. George J. Weller, for appellant.

Mr. Henry M. Bruestle, city solicitor, and Mr. James W. Farrell, Jr., for appellee.

BY THE COURT.

The respondent has authority under the provisions of Section 4838-5, General Code, to adopt a rule excluding from the public schools within its district children who have not been vaccinated. The enforcement of such a rule is not a violation of the constitutional right to religious freedom. State, ex rel. Milhoof, v. Board of Education of Village, of Barherton, 76 Ohio St. 297, 81 N. E., 568."

It clearly appears from the record...

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