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IN RE RESOLUTION REGARDING THE APPLICATION BY ALL PUPILS

No. 77 AP-782.

57 Ohio App. 2d 59 (1978)

IN RE THE RESOLUTION REGARDING THE APPLICATION BY ALL PUPILS AND ALL PARENTS OF PUPILS OF ST. MARY'S CATHOLIC SCHOOL TO WITHHOLD THE DISTRIBUTION OF FOUNDATION PAYMENTS TO THE CITY OF CINCINNATI SCHOOL DISTRICT.

Court of Appeals of Ohio, Franklin County.

Decided February 16, 1978.

Attorney(s) appearing for the Case

Mr. James B. Helmer, Jr., Mr. John A. Lloyd, Jr., and Mr. C. R. Beirne, for appellant, Cincinnati Board of Education.

Messrs. Dunbar, Kienzle & Murphey, and Mr. David J. Young, for appellees, all parents of pupils and all pupils of St. Mary's Catholic School.

Condit & Dressing Co., L. P. A., for appellee, St. Mary's Catholic School.

Mr. William J. Brown, attorney general, and Mr. Gary E. Brown, for appellee Ohio State Board of Education.

McCORMAC, J.

In 1976, the City School District of Cincinnati was the defendant in a desegregation suit brought in federal district court by Mona Bronson, et al. While that lawsuit was pending (and it remains pending), a Catholic school in Cincinnati known as Holy Cross School was closed for economic reasons. Fifty-two of the 55 students in that program elected to attend another Catholic school known as St. Mary's School...

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