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EPELDI v. ENGELKING

No. 10796.

488 P.2d 860 (1971)

94 Idaho 390

Mr. and Mrs. Louis EPELDI, husband and wife et al., Plaintiffs-Respondents, v. D.F. ENGELKING, as Superintendent of Public Instruction et al., Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied September 27, 1971.

Attorney(s) appearing for the Case

Robert M. Robson, Atty. Gen. (at time of briefing), W. Anthony Park, Atty. Gen. (at time of argument) and James G. Hargis, Asst. Atty. Gen., Boise, for defendants-appellants.

Hawley, Troxell, Ennis & Hawley, Boise, and Philip E. Peterson, Lewiston, for plaintiffs-respondents.

McFADDEN, Justice.

The plaintiffs (respondents on this appeal) instituted this class action on their own behalf and on behalf of all parents of school children and the children themselves attending parochial schools in Idaho. By this action the plaintiffs seek a declaratory judgment that allocation by defendants (appellants herein) of state funds to the several school districts pursuant to I.C. § 33-1501 as amended,...

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