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MILWAUKEE MONTESSORI SCHOOL v. PERCY

Civ. A. No. 76-C-463.

473 F.Supp. 1358 (1979)

MILWAUKEE MONTESSORI SCHOOL, Wisconsin Montessori Society, Inc., a Wisconsin Corporation, Richard and Barbara Fleck, Marilyn Zuzga, Plaintiffs, v. Donald PERCY, Secretary of the Wisconsin Department of Health and Social Services, Frank Nugent, Administrator, Division of Family Services of the Wisconsin Department of Health and Social Services, Charles Holton, Director of the Milwaukee Region for the Division of Family Services of the Wisconsin Department of Health and Social Services, Gary Kirst, Chief of the Volunteer Agencies, Milwaukee Region, Division of Family Services of the Wisconsin Department of Health and Social Services, Defendants.

United States District Court, E. D. Wisconsin.

August 15, 1979.

Attorney(s) appearing for the Case

Daniel J. Steininger, Milwaukee, Wis., for plaintiffs.

Bronson C. La Follette, Atty. Gen. by Ward L. Johnson, Asst. Atty. Gen., Madison, Wis., for defendants.

DECISION AND ORDER

REYNOLDS, Chief Judge.

This is an action brought pursuant to 42 U.S.C. § 1983 for declaratory and injunctive relief against the enforcement of § 48.65, Wis.Stats., and various administrative rules and regulations thereunder. The plaintiffs are the Wisconsin Montessori Society, Inc., a non-stock Wisconsin corporation, the Milwaukee Montessori School, a private school in Milwaukee...

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