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FRATICELLI v. BOARD OF ED. OF MILPITAS UNIFIED SCH. DIST.

No. C-702596.

332 F.Supp. 33 (1971)

Elizabeth FRATICELLI, individually and as guardian ad litem of Wayne Fraticelli, a minor, Plaintiffs, v. The BOARD OF EDUCATION OF the MILPITAS UNIFIED SCHOOL DISTRICT et al., Defendants.

United States District Court, N. D. California.

September 1, 1971.

Attorney(s) appearing for the Case

Robert A. Baines, Roy P. Schoenberg and Einar Sunde, San Jose, Cal., for plaintiff.

William M. Siegal, County Counsel and Leland D. Stephenson, Deputy County Counsel, for defendants.

Before HAMLIN, Circuit Judge, and EAST and PECKHAM, District Judges.

OPINION

EAST, District Judge:

STATEMENT OF FACTS

Wayne Fraticelli (Plaintiff), then a thirteen year old enrolled student, in good academic standing, was excluded from the Rancho Milpitas Junior High School on October 26, 1970 by the authorities of that school acting under the provisions of California Education Code (Code) Section 10552, viz:

The governing body of any school district may exclude children of filthy or

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