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SPENCE v. BAILEY

No. 71-1667.

465 F.2d 797 (1972)

John W. SPENCE, Father and Next Friend of John W. Spence, Jr., Plaintiff-Appellee v. Edgar H. BAILEY et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

August 8, 1972.

Attorney(s) appearing for the Case

Ernest G. Kelly, Jr., Evans, Petree, Cobb & Edwards, Memphis, Tenn., for defendants-appellants.

David E. Caywood, Dobbs, Gatti & Caywood, Memphis, Tenn., for plaintiff-appellee.

Before TOM C. CLARK, Associate Justice, and McCREE and MILLER, Circuit Judges.

Mr. Justice CLARK:

This is an appeal from a declaratory judgment entered under the provisions of 42 U.S.C. § 1983 and finding that the religious beliefs of John Spence Jr., a conscientious objector attending the Memphis City Schools as a student, had been infringed by a requirement that he participate in the Reserve Officers Training Corps program at the schools. The District Court, 325 F.Supp. 601, found that the compulsory...

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