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WOLMAN v. ESSEX

Civ. A. No. 71-396.

342 F.Supp. 399 (1972)

Benson A. WOLMAN et al., Plaintiffs, v. Martin W. ESSEX et al., Defendants.

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

April 17, 1972.

Attorney(s) appearing for the Case

Joshua J. Kancelbaum, Cleveland, Ohio, M. Willard Dobbs, Columbus, Ohio, Donald M. Robiner, Cleveland, Ohio, for plaintiffs; Stanley K. Laughlin, Jr., American Civil Liberties Union of Ohio, Columbus, Ohio, Melvin L. Wulf, Legal Director, American Civil Liberties Union, New York City, Philip M. Dunson, Sp.Counsel, Americans United for Separation of Church & State and the Ohio Free Schools Assn., Columbus, Ohio, of counsel.

William J. Brown, Atty. Gen., State of Ohio by David J. Young, Sp. Trial Counsel, James J. Hughes, Jr., City Atty. by James R. Kirk, Asst. City Atty., Columbus, Ohio, for defendants.

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

OPINION

CARL B. RUBIN, District Judge.

This matter comes before the Court on plaintiff taxpayers' suit for declaratory and injunctive relief, defendants' motion to dismiss the complaint for failure to state a claim, and the briefs, memoranda, stipulations and exhibits of the parties. A three judge court convened pursuant to 28 U.S.C. §§ 2281-2284 on March 21, 1972, and heard this matter on its merits. The present suit was filed on December 20,...

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