LEMON v. SLOAN

Civ. A. No. 71-2223.

340 F.Supp. 1356 (1972)

Alton J. LEMON et al. v. Grace SLOAN, State Treasurer of the Commonwealth of Pennsylvania. Jose Diaz and Enilda Diaz, his wife, et al., Interveners.

United States District Court, E. D. Pennsylvania.

April 6, 1972.


Attorney(s) appearing for the Case

Theodore R. Mann, Philadelphia, Pa., Leo Pfeffer, New York City, for plaintiffs.

J. Shane Creamer, Atty. Gen., J. Justin Blewitt, Jr., Deputy Atty. Gen., Harrisburg, Pa., for defendant Sloan.

William B. Ball, Harrisburg, Pa., for defendant interveners Diaz and Watson.

Joseph G. Skelly, Harrisburg, Pa., for defendant interveners Zimmerspitz and Harvey.

James E. Gallagher, Jr., Philadelphia, Pa., for defendant intervener, Powell.

C. Clark Hodgson, Jr., Philadelphia, Pa., for defendant intervener Kretzmann.

Henry T. Reath, Robert L. Pratter, Duane, Morris & Heckscher, Philadelphia, Pa., for defendant intervener Crouter and for Pennsylvania Ass'n. of Independent Schools, amicus curiae in support of defendants.

John D. Killian, Harrisburg, Pa., for Pennsylvania Council of Churches, amicus curiae in support of plaintiffs.

Thomas B. Harvey, Jr., Philadelphia, Pa., for American Civil Liberties Foundation of Pa., amicus curiae in support of plaintiffs.

Joseph B. Meranze, Harvey B. Levin, Philadelphia, Pa., for Pennsylvania Jewish Community Relations Conference, amicus curiae in support of plaintiffs.

John M. Elliott, Edward F. Mannino, Dilworth, Paxson, Kalish, Levy & Coleman, Philadelphia, Pa., for Benjamin Banneker Urban Center, amicus curiae in support of defendants.

James L. J. Pie, Philadelphia, Pa., for Pennsylvania Federation Citizens for Educational Freedom, amicus curiae in support of defendants.

Before HASTIE, Senior Circuit Judge, JOSEPH S. LORD, III, Chief District Judge, and HANNUM, District Judge.


OPINION

JOSEPH S. LORD, III, Chief District Judge.

Plaintiffs brought this suit to declare the Pennsylvania Parent Reimbursement Act for Nonpublic Education1 (the "Act") unconstitutional and to enjoin its operation. The Act is challenged as violative of the Establishment and Free Exercise Clauses of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. This court has jurisdiction of the controversy...

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