Alton J. LEMON, Priscilla Reardon, Betty J. Worrell, and Pennsylvania State Education Association, Pennsylvania Conference National Association for the Advancement of Colored People, Pennsylvania Council of Churches, Pennsylvania Jewish Community Relations Conference, Americans United for Separation of Church and State, American Civil Liberties Union of Pennsylvania, Inc.
v.
David H. KURTZMAN, as Superintendent of Public Instruction of the Commonwealth of Pennsylvania, Grace Sloan, as State Treasurer of the Commonwealth of Pennsylvania, St. Anthony's Roman Catholic Church School, Archbishop Woods Girls High School, Ukrainian Catholic School, Germantown Lutheran Academy, Akiba Hebrew Academy, Philadelphia Montgomery Christian Academy, and Beth Jacobs Schools of Philadelphia.
United States District Court E. D. Pennsylvania.https://leagle.com/images/logo.png
November 28, 1969.
Probable Jurisdiction Noted April 20, 1970.
Attorney(s) appearing for the Case
Henry W. Sawyer, III, Philadelphia, Pa., and Leo Pfeffer, New York City, for Alton J. Lemon, et al.
John D. Killian, Harrisburg, Pa., for Pennsylvania Council of Churches.
William C. Sennett, Atty. Gen., Harrisburg, Pa., for D. H. Kurtzman and G. Sloan.
Wm. B. Ball and Joseph G. Skelly, Harrisburg, Pa., for Archbishop Wood High School for Girls.
James E. Gallagher, Jr., and C. Clark Hodgson, Jr., Philadelphia, Pa., for St. Anthony's Roman Catholic Church School and Ukrainian Catholic School.
Samuel Rappaport, Philadelphia, Pa., for Akiba Hebrew Academy and Beth Jacobs Schools of Philadelphia.
F. Raymond Heuges, Philadelphia, Pa., for Germantown Lutheran Academy.
Donald A. Semisch, Willow Grove, Pa., for Philadelphia Montgomery Christian Academy.
Henry T. Reath, Philadelphia, Pa., for Pennsylvania Assn. of Independent Schools.
Before HASTIE, Chief Circuit Judge, and LUONGO and TROUTMAN, District Judges.
United States District Court E. D. Pennsylvania.
Probable Jurisdiction Noted April 20, 1970. See 90 S.Ct. 1354.
TROUTMAN, District Judge.
OPINION AND ORDER
The present suit seeks to enjoin the alleged unconstitutional approval and expenditure of State funds under the Pennsylvania Nonpublic Elementary and Secondary Education Act1 (hereinafter the Education Act). Since the complaint alleges the unconstitutionality of a statute of state-wide application, this three-judge...
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