BARRERA v. WHEELER

No. 20566.

441 F.2d 795 (1971)

Anna BARRERA et al., Appellants, v. Hubert WHEELER, Missouri State Board of Education, J. Warren Head, Dale M. Thompson, Mrs. True Davis, Jack Webster, Elston J. Melton, W. Clifton Banta, Sidney R. Redmond and F. Burton Sawyer, Appellees.

United States Court of Appeals, Eighth Circuit.

April 28, 1971.


Attorney(s) appearing for the Case

Louis C. DeFeo, Jr., Jefferson City, Mo., and Thomas M. Sullivan, Downey, Sullivan & Fitzgerald, Edward L. Fitzgerald, Kansas City, Mo., for appellants.

Harry D. Dingman, Kansas City, Mo., and Leo Pfeffer, New York City, Kuraner, Oberlander, Dingman, Brockus & Lowe, James B. Lowe, Kansas City, Mo., for appellees.

L. Patrick Gray, III, Asst. Atty. Gen., Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., Wilmot R. Hastings, Gen. Counsel, Harry J. Chernock, Asst. Gen. Counsel, Theodore Sky, Atty., Dept. of Health, Education and Welfare, Washington, D. C., of counsel, for United States Commissioner of Education, amici curiae.

Before MATTHES, Chief Judge, Mr. Justice CLARK, and LAY, Circuit Judge.


MATTHES, Chief Judge.

Appellants include both school children who attend nonpublic schools in the State of Missouri and their parents. The latter sue in their own behalf and also as next friends of the children. They commenced this action April 6, 1970 in the United States District Court for the Western District of Missouri against Hubert Wheeler (then) Commissioner of Education of the State of Missouri and all eight members of the Missouri State Board of Education...

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