HORACE MANN LEAGUE v. BOARD OF PUBLIC WORKS

[No. 356, September Term, 1965.]

242 Md. 645 (1966)

220 A.2d 51

THE HORACE MANN LEAGUE OF THE UNITED STATES OF AMERICA, INC. ET AL. v. BOARD OF PUBLIC WORKS OF MARYLAND ET AL.

Court of Appeals of Maryland.

Motions for rehearing filed June 22, 1966.

Denied June 28, 1966.

Motion for rehearing filed July 5, 1966.

Denied July 25, 1966.

Certiorari denied November 14, 1966.


Attorney(s) appearing for the Case

Leo Pfeffer and Melvin J. Sykes, with whom was Walter R. Tabler on the brief, for the appellants.

Thomas B. Finan, Attorney General, with whom were Robert C. Murphy, Deputy Attorney General, and Edward L. Blanton, Assistant Attorney General, on the brief, for the Board of Public Works of Maryland, one of the appellees.

William L. Marbury, with whom was Lewis A. Noonberg on the brief, for St. Joseph College, Notre Dame College and Hood College, part of the appellees.

Ridgely P. Melvin, Jr., for Western Maryland College, the other appellee.

Francis X. Gallagher, George T. Tyler and J. Nicholas Shriver, Jr., on the brief for St. Joseph College, an appellee.

Alfred L. Scanlan and George W. Constable on the brief for Notre Dame College, an appellee.

Parsons Newman on the brief for Hood College, an appellee.

Arthur E. Sutherland of counsel on the brief for the appellees generally.

Brief of amicus curiae filed by Franklin C. Salisbury for the Protestants and Other Americans United for Separation of Church and State.

The cause was argued before PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY and OPPENHEIMER, JJ., and KEATING, J., Associate Judge of the Second Judicial Circuit, and POWERS, J., Associate Judge of the Seventh Judicial Circuit, both specially assigned.


Certiorari denied, Supreme Court of the United States, November 14, 1966.

PRESCOTT, C.J., delivered the majority opinion of the Court. HAMMOND, HORNEY and MARBURY, JJ., dissent in part. Dissenting opinion by HAMMOND, J., at page 691, infra.

After dismissal of their bill of complaint, which challenged the validity, as violating the Federal and Maryland Constitutions, of four separate statutes, providing outright, matching grants, totaling $2,500,000...

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