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ITZ v. PENICK

No. B-3562.

493 S.W.2d 506 (1973)

Leo ITZ et ux., Petitioners, v. Vernon E. PENICK, President of Fredericksburg Independent School District et al., Respondents.

Supreme Court of Texas.

January 17, 1973.

Attorney(s) appearing for the Case

Gloria T. Svanas, Odessa, for appellant.

Richard Hoerster, Fredericksburg, for appellee.

John L. Hill, Atty. Gen., Robert W. Gauss, Asst. Atty. Gen., Austin, for Intervenor.

DANIEL, Justice.

This is a direct appeal to this Court under Article V, Section 3-b of the Constitution of the State of Texas, Vernon's Ann. St., Article 1738a and Rule 499a1 challenging the constitutionality of Section 2.09 of the Education Code, V.T.C.A., the State's compulsory immunization statute, which provides as follows:

"§ 2.09. Immunization. "(a) No person may be admitted to any elementary or secondary...

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