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KIRK v. BOEHM

Civ. A. No. 32323.

216 F.Supp. 952 (1963)

Daniel KIRK v. Charles H. BOEHM, Superintendent, et al.

United States District Court E. D. Pennsylvania.

May 1, 1963.

Attorney(s) appearing for the Case

Daniel Kirk, Brookhaven, Pa., for plaintiff.

Lewis B. Beatty, Jr., Media, Pa., for six individual members of the Delaware County Board of School Directors.

Allen H. Smith, and John D. Killian, Deputy Attys. Gen., Harrisburg, Pa., for Superintendent of Department of Public Instruction.

Before KALODNER, Circuit Judge, CLARY, Chief Judge, and LUONGO, District Judge.

PER CURIAM.

In this action plaintiff challenges the constitutionality and seeks to enjoin the enforcement of an amendment to the Pennsylvania Public School Code of 1949 (24 P.S. § 1-101 et seq.) on the ground that the amendment is contrary to Article IV, Section 4 of the United States Constitution. Article IV deals with the relationship between States and the United States. Section 4 thereof provides:

"The United States shall guarantee to every State...

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