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STATE v. LUNDQUIST

[No. 340, September Term, 1970.]

262 Md. 534 (1971)

278 A.2d 263

STATE OF MARYLAND ET AL. v. LUNDQUIST ETC.

Court of Appeals of Maryland.

Decided June 14, 1971.

Attorney(s) appearing for the Case

Argued and reargued by Francis X. Pugh, Assistant Attorney General, with whom was Francis B. Burch, Attorney General, on the brief, for appellants.

Argued and reargued by James J. Hanks, Jr., and George Cochran Doub for appellee.

The cause was argued on February 8, 1971, before HAMMOND, C.J., and BARNES, McWILLIAMS, SINGLEY and SMITH, JJ., and reargued on March 1, 1971, before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.

DIGGES, J., delivered the opinion of the Court. SMITH, J., concurs and filed a concurring opinion at page 556 infra. BARNES, J., dissents and filed a dissenting opinion at page 558 infra.

More than a quarter of a century has passed since June 14 — Flag Day — 1943, when the Supreme Court ruled in West Virginia State Board of Education v. Barnette, 319 U.S. 624, that a state may not compel unwilling...

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