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WILT v. STATE BD. OF ED.

No. 79-3580.

608 F.2d 1126 (1979)

Ethan WILT et al., Plaintiffs-Appellants, v. STATE BOARD OF EDUCATION et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 2, 1979.

Attorney(s) appearing for the Case

William S. Burton, Arter & Hadden, David Hammond, Cleveland, Ohio, Alan Miles Ruben, Cleveland Marshall College of Law, Cleveland, Ohio, for plaintiffs-appellants.

John D. Holschuh, Alexander, Ebinger, Holschuh, Fisher & McAlister, Columbus, Ohio, for St. Bd. of Ed., Dept. of Ed. of Ohio, and F.B. Walter.

John M. Baker, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Ohio, for Cleve. Bd. of Ed.

Before ENGEL and MERRITT, Circuit Judges and PECK, Senior Circuit Judge.

ENGEL, Circuit Judge.

The Bratenahl Local School District [hereinafter "Bratenahl"] was a small school district bordered on the north by Lake Erie and on all other sides by the Cleveland City School District. In 1967 the Ohio legislature enacted a law, codified as Ohio Revised Code § 3311.29 which provided that after July 1, 1968, any school district which did not maintain within its district public schools consisting of grades 1 through 12 inclusive would be...

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