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BRUSCA v. STATE OF MISSOURI EX REL. STATE BD. OF ED.

No. 69 C 404(2).

332 F.Supp. 275 (1971)

Robert D. BRUSCA and Mary L. Brusca, his wife, et al., Plaintiffs, v. STATE OF MISSOURI ex rel. STATE BOARD OF EDUCATION, et al., Defendants, John C. Danforth, Attorney General of the State of Missouri, Intervening Defendant.

United States District Court, E. D. Missouri, E. D.

September 28, 1971.

Attorney(s) appearing for the Case

Edward C. Cody, Klutho & Cody, St. Louis, Mo., for plaintiffs.

Paul B. Rava and Albert J. Stephan, Jr., Lashly, Caruthers, Rava, Hyndman & Rutherford, St. Louis, Mo., for Missouri State Bd. of Ed., its Members and the Commissioner of Education.

John C. Danforth, Atty. Gen., D. Brook Bartlett, Asst. Atty. Gen., Gene E. Voights, First Asst. Atty. Gen., Jefferson City, Mo., for State of Mo., Warren E. Hearnes, Governor, and intervening defendant John C. Danforth, Atty. Gen. of Mo.

Before MATTHES, Chief Circuit Judge, MEREDITH, Chief District Judge, and REGAN, District Judge.

MEMORANDUM OPINION

REGAN, District Judge.

This action by parents of children of school age and their minor children seeks declaratory, injunctive, and other relief based on the asserted invalidity of the provisions of the Missouri Constitution and implementing statutes which establish and provide for the funding of a free public school system and which prohibit the use of public funds to aid directly or indirectly religious or sectarian schools. Our jurisdiction...

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