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MEEK v. PITTENGER

Civ. A. No. 73-269.

374 F.Supp. 639 (1974)

Sylvia MEEK et al., Plaintiffs, v. John C. PITTENGER, as Secretary of Education of the Commonwealth of Pennsylvania and Grace M. Sloan, as Treasurer, Defendants, Jose Diaz et al., Intervening Parties Defendants.

United States District Court, E. D. Pennsylvania.

February 11, 1974.

Attorney(s) appearing for the Case

Wolf, Block, Schorr & Solis-Cohen, by William P. Thorn, Philadelphia, Pa., Leo Pfeffer, New York City, for plaintiffs.

J. Justin Blewitt, Jr., Deputy Atty. Gen., for defendants.

Ball & Skelly by William B. Ball, Joseph G. Skelly, Harrisburg, Pa., for intervenors, Powell and Watson.

Ronal, Stevens & Young, by C. Clark Hodgson, Jr., Philadelphia, Pa., for intervenors, Diaz, Zimmerspitz and Hassall.

Duane, Morris & Heckscher by James E. Gallagher, Jr., Henry T. Reath, Jane Elliott, Philadelphia, Pa., for intervenors Chesick, Boozer, Pennsylvania Association for Independent Schools and Springside School.

Before GIBBONS, Circuit Judge, and HIGGINBOTHAM and BECHTLE, District Judges.

OPINION

GIBBONS, Circuit Judge.

In this action the plaintiffs challenge the constitutionality of two Pennsylvania statutes, Act 194, July 12, 1972, Pa. Stat. tit. 24, § 9-972 and Act 195, July 12, 1972, Pa.Stat. tit. 24, § 9-972. Both are claimed to transgress the first amendment in two separate respects, set forth as separate counts in the complaint. The First Count alleges that the statutes violate...

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