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OHIO ASS'N OF INDEPENDENT SCHOOLS v. GOFF

No. 96-3116.

92 F.3d 419 (1996)

OHIO ASSOCIATION OF INDEPENDENT SCHOOLS, et al., Plaintiffs-Appellants, v. John GOFF, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 9, 1996.

Rehearing and Suggestion for Rehearing Denied September 25, 1996.

Attorney(s) appearing for the Case

Thomas C. Kilcoyne (argued and briefed), Eric H. Kearney, Cohen, Todd, Kite & Stanford, Cincinnati, OH, for Plaintiffs-Appellants.

Christopher M. Culley, John P. Ware (argued and briefed), Sharon A. Jennings, Office of the Attorney General of Ohio, Columbus, OH, for Defendants-Appellees.

Leo J. Athas (briefed), Maragos, Athas, Apostol, Ditore & Kowal, Chicago, IL, for Amici Curiae, National Association of Independent Schools and the Independent Schools of the Central States.

Before: MERRITT, Chief Judge; KEITH and SUHRHEINRICH, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 25, 1996.

SUHRHEINRICH, Circuit Judge.

This case involves a state requirement that nonpublic high schools administer the same proficiency tests as public high schools to students prior to their graduation. Plaintiffs, who include or represent certain private secondary schools in Ohio, appeal the district court's decision upholding Ohio statutes requiring private as well as public schools to administer...

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