Edward Lewis SCHEMPP, Sidney Gerber Schempp, Individually and as Parents and Natural Guardians of Ellory Frank Schempp, Roger Wade Schempp and Donna Kay Schempp
v.
SCHOOL DISTRICT OF ABINGTON TOWNSHIP, PENNSYLVANIA, c/o James F. Koehler, O. H. English, Eugene Stull and M. Edward Northam.
United States District Court E. D. Pennsylvania.https://leagle.com/images/logo.png
September 16, 1959.
September 16, 1959.
Attorney(s) appearing for the Case
Henry W. Sawyer, III, Philadelphia, Pa., Wayland H. Elsbree, Philadelphia, Pa., for plaintiffs.
C. Brewster Rhoads, Philip H. Ward, III, Sidney L. Wickenhaver, Philadelphia, Pa., Percival R. Rieder, Abington, Pa., for defendants.
Lois G. Forer, Philadelphia, Pa., amicus curiæ.
Leo Pfeffer, New York City, Maximillian J. Klinger, Theodore R. Mann, Philadelphia, Pa., for American Jewish Congress, amici curiæ.
Lewis F. Adler, Harrisburg, Pa., for Pennsylvania State Education Ass'n, amicus curiæ.
Anne X. Alpern, Atty. Gen. of Commonwealth of Pennsylvania, by John Killian, III, Deputy Atty. Gen., for the Commonwealth of Pennsylvania.
Before BIGGS, Circuit Judge, and KIRKPATRICK and KRAFT, District Judges.
United States District Court E. D. Pennsylvania.
BIGGS, Circuit Judge.
On September 16, 1959, this court filed an opinion in this case with findings of fact and conclusions of law, 177 F.Supp. 398, adjudging Section 1516 of the Pennsylvania Public School Code of 1949, as amended, 24 P.S.Pa. § 15-1516, to be unconstitutional for the reasons stated, and on September 17, 1959, entered a final decree enjoining the defendants perpetually "from reading or causing to be read,...
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