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PASTER v. TUSSEY

No. 58149.

512 S.W.2d 97 (1974)

Robert W. PASTER et al., Appellants, v. C. Ed TUSSEY et al., Respondents, and Mr. and Mrs. Josephus Reynolds et al., Intervenors-Defendants (Partial) Appellants, and John C. Danforth, Attorney General of Missouri, Intervenor-Defendant Appellant.

Supreme Court of Missouri, En Banc.

Rehearings Denied August 26, 1974.

Attorney(s) appearing for the Case

Frank Susman, Lawrence P. Kaplan, Irl B. Baris, Phillip J. Paster, Darwin Portman, St. Louis, for appellants.

Bernard J. Huger, St. Louis, Louis C. DeFeo, Jr., Jefferson City, for intervenors-defendants appellants Reynolds and others.

John C. Danforth, Atty. Gen., D. Brook Bartlett, First Asst. Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for intervenor-defendant appellant John C. Danforth.

Edward W. Garnholz, Gus O. Nations, Clayton, Elvis A. Mooney, Bloomfield, Samuel J. Molby, Kansas City, for Missouri Friends of the Public Schools.

G. Dennis Sullivan, Kansas City, amicus curiae.

MORGAN, Judge.

This appeal involves questions as to whether or not the provisions of the Missouri Constitution of 1945 and the First and Fourteenth Amendments to the United States Constitution prohibit, permit or require the lending of school textbooks to pupils and teachers who, respectively, attend or teach in non-public schools (not operated for profit) as required by Senate Bill 638, 76th General Assembly (Second Regular Session, 1972)—now designated as...

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