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McCARTHY v. BD. OF EDUCATION OF A.A. CO.

[No. 35, September Term, 1977.]

280 Md. 634 (1977)

374 A.2d 1135

THOMAS McCARTHY v. BOARD OF EDUCATION OF ANNE ARUNDEL COUNTY ET AL.

Court of Appeals of Maryland.

Decided July 7, 1977.

Attorney(s) appearing for the Case

Theodore G. Bloom with whom were Goodman & Bloom, P.A. on the brief, for appellant.

Robert C. Wilcox, Assistant County Solicitor, with whom was Michael R. Roblyer, County Solicitor, on the brief, for appellee Anne Arundel County, Maryland. Thomas J. Wohlgemuth for appellee Board of Education of Anne Arundel County.

The cause was argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

SMITH, J., delivered the opinion of the Court.

We shall here sustain the holding of a trial judge (Childs, J.) that Anne Arundel County Code (1967) §§ 7-300 and 301 relative to transportation of children attending schools which "do not receive state aid" were invalid.

The sections in question provide:

"Sec. 7-300. Use of buses by children not attending public schools. "Whenever there are children attending schools...

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