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JOHNS v. ALLEN

Civ. A. No. 2735.

231 F.Supp. 852 (1964)

W. Harry JOHNS, Jr., and Anne Johns, individually and as parents and natural guardians of Geoffrey Johns, Valerie Johns and Erica Johns, Plaintiffs, v. Robert L. D. ALLEN, Jane Ennis, Hiram N. Lasher, J. Ohrum Small, Woodrow Wilson and Harry David Zutz, State Board of Education of the State of Delaware, Paul E. Baker, Charles C. Brown, James B. McClements and Frank W. Powles and the Dover Special School District, Defendants.

United States District Court D. Delaware.

July 16, 1964.

Attorney(s) appearing for the Case

Irving Morris, and Joseph A. Rosenthal, Wilmington, Del., for plaintiffs.

David P. Buckson, Atty. Gen. of Delaware, Ruth M. Ferrell, Peter Warren Green, and G. Francis Autman, Jr., Deputy Attys. Gen., for defendants.

Before BIGGS, Circuit Judge, and WRIGHT and LAYTON, District Judges.

BIGGS, Circuit Judge.

The plaintiffs, who are Protestants, by their complaints, evidence and arguments attack §§ 4101-4103, 14 Del.C., as unconstitutional. The plaintiffs seek to enjoin the reading of five verses of the Holy Bible and the recital of the Lord's Prayer in unison by the pupils in the public schools of Delaware on every school day. The defendants assert numerous defenses. We will discuss only those...

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