SHELDON v. FANNIN

Civ. No. 749-Pct.

214 F.Supp. 940 (1962)

George W. SHELDON, Patricia Ruth Sheldon, Merle Wallace Wingo and Betty Mae Wingo, Plaintiffs, v. Paul FANNIN et al., Defendants.

United States District Court D. Arizona.

September 18, 1962.


Attorney(s) appearing for the Case

Hayden C. Covington, Brooklyn, N. Y., and Harry J. Valentine, Phoenix, Ariz., for plaintiffs.

Robert W. Pickrell, Atty. Gen., by Frank Sagarino, Asst. Atty. Gen., Phoenix, Ariz., Fred O. Wilson, County Atty., Navajo County, Holbrook, Ariz., for defendants.

Before MERRILL, Circuit Judge, and LING and DAVIS, District Judges.


PER CURIAM.

As we understand the position of plaintiffs (through examination of the entire record before us, their briefs and oral argument,) it is that members of a local school board, acting under authority bestowed by state statutes, state-wide in their application to school boards, have violated constitutional rights of these plaintiffs. Such violation consisted of requiring these plaintiffs, as students, contrary to their religious beliefs and on penalty of expulsion...

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