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WOLMAN v. ESSEX

No. C-2-75-792.

417 F.Supp. 1113 (1976)

Benson A. WOLMAN et al., Plaintiffs, v. Martin W. ESSEX, Superintendent of Public Instruction of the State of Ohio, State Board of Education, et al., Defendants.

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

June 21, 1976.

Attorney(s) appearing for the Case

Joshua K. Kancelbaum, Cleveland, Ohio, Clyde Ellis, Stanley K. Laughlin, Jr., Columbus, Ohio, for plaintiffs.

David J. Young, Thomas V. Martin, Asst. Atty. Gen. of Ohio, Columbus, Ohio, for defendants.

Before JOHN W. PECK, Circuit Judge, and KINNEARY and DUNCAN, District Judges.

OPINION

KINNEARY, District Judge.

In this action plaintiffs attack the constitutionality of Ohio Revised Code Section 3317.06, pursuant to which certain services and materials routinely made available to students attending public schools throughout the state are made available to elementary and secondary nonpublic schoolchildren as well.

This matter is before the Court on the complaint and the answers, various memoranda submitted by the parties,...

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