AMERICANS UNIT. INC. AS PRO., ETC. v. IND. SCH. D. NO. 622

No. 42351-2.

179 N.W.2d 146 (1970)

AMERICANS UNITED INCORPORATED AS PROTESTANTS AND OTHER AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, et al., Appellants, Ralston Gunvaldson, Plaintiff, Matthew Stark, etc., Appellant, v. IND. SCHOOL DISTRICT NO. 622, RAMSEY COUNTY, Minnesota, Respondent, John D. Thurston, a minor, by his parent and natural guardian, David W. Thurston, et al., Intervenors, Respondents, Duane J. Mattheis, Commissioner of Education of State of Minnesota, et al., Respondents.

Supreme Court of Minnesota.

August 7, 1970.


Attorney(s) appearing for the Case

Henry Haverstock, Minneapolis, for Americans United et al.

William I. Kampf, St. Paul, for Stark.

Doherty, Rumble & Butler, and Frank Claybourne, and John J. McGirl, Jr., St. Paul, for School Dist. 622.

Meier, Kennedy & Quinn, and Mark Flahavan, St. Paul, for Thurston.

Douglas Head, Atty. Gen., James Kelley, Spec. Asst. Atty. Gen., St. Paul, for Mattheis.

Louis Shore, amicus curiae.


OPINION

OTIS, Justice.

These are consolidated actions for a declaratory judgment challenging the constitutionality of L.1969, c. 570, which authorizes the use of public funds to transport children to sectarian schools. The trial court in a comprehensive memorandum held that the statute was valid, and we affirm.

The parties have stipulated to the facts, which we summarize as follows: As of August 1969, there were 13,600 children of elementary and...

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