CHAPMAN v. GERARD

No. 19313.

456 F.2d 577 (1972)

Joseph CHAPMAN, by next friend, Violet D. Chapman, v. Phillip A. GERARD, Commissioner of Education, et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided February 28, 1972.


Attorney(s) appearing for the Case

Irwin J. Silverlight, Nichols & Silverlight, Christiansted, St. Croix, V. I., for appellants.

Albert A. Sheen, Hodge, Sheen & Finch, Christiansted, St. Croix, V. I., for appellee.

Before SEITZ, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.


OPINION OF THE COURT

SEITZ, Chief Judge.

This is an appeal from a district court judgment declaring unconstitutional § 173 of the Virgin Islands Code, as amended, insofar as it bars residents of the Islands the right to participate in the Territorial Scholarship Fund (TSF) solely by reason of their alienage.

Plaintiff, appellee, is an alien minor admitted into the United States as a permanent resident. At all times here relevant he has resided...

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