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BAUGHMAN v. FREIENMUTH

No. 15102.

439 F.2d 796 (1971)

Fred BAUGHMAN, as parent and on behalf of Lynne and Beth Baughman, minors, et al., Appellants, v. William FREIENMUTH, President, Montgomery County Board of Education, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 12, 1971.

Attorney(s) appearing for the Case

Edward L. Genn, Washington, D. C., for appellants.

Robert S. Bourbon, Rockville, Md., for appellees William Freienmuth, Rosemary Hilberg, Marillyne Allen, Thomas Israel, William Colman, Charles B. Saunders, Jr., Lawrence Wyatt, Homer Elseroad and Gertrude Bish.

Francis B. Burch, Atty. Gen. of Maryland, and Malcolm R. Kitt, Special Asst. Atty. Gen. of Maryland, on brief, for appellee Jerome Frampton, Jr., President, on behalf of the Maryland State Board of Education.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.

PER CURIAM:

In a suit challenging the validity of the Montgomery County, Maryland, Board of Education's regulation with regard to student publications applicable only to Montgomery County, the district judge declined to request the convening of a three-judge court. The declination, from which this appeal is taken, occurred after the State Board of Education issued an opinion and decision altering substantially the contested regulation in Montgomery County and elsewhere...

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