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KOSYDAR v. WOLMAN

Civ. A. Nos. 72-212, 72-222.

353 F.Supp. 744 (1972)

Robert J. KOSYDAR, Tax Commissioner of Ohio et al., Plaintiffs, v. Benson A. WOLMAN et al., Defendants. Benson A. WOLMAN et al., Plaintiffs, v. Robert J. KOSYDAR, Tax Commissioner of Ohio et al., Defendants.

United States District Court, S. D. Ohio, E. D.

December 29, 1972.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen., David Young, Columbus, Ohio, for plaintiffs Robert J. Kosydar and others.

Leonard J. Schwartz, Columbus, Ohio, for plaintiffs Benson A. Wolman and others.

Leonard J. Schwartz, Columbus, Ohio, Joshua Kancelbaum, Cleveland, Ohio, Stanley K. Laughlin, Melvin Wulf, New York City, Philip Dunson, Columbus, Ohio, for defendants Benson A. Wolman and others.

Wm. J. Brown, Atty. Gen., David Young, Columbus, Ohio, for defendants Robert J. Kosyder and others.

Before PECK, Circuit Judge, and KINNEARY and RUBIN, District Judges.

OPINION

PER CURIAM.

This matter is before the Court, following oral arguments, on the briefs and stipulations of the parties. At issue is the constitutionality under the Religion Clauses of the First Amendment to the United States Constitution of Amended House Bill No. 1203 (hereinafter the Act), O.R.C. §§ 5703.052, 5747.05, and 5747.11.1. The Act provides tax credits to parents who incur educational expenses in excess of those borne by parents...

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