On December 16, 1959, this court ordered its Clerk to transmit the original papers referred to to the Supreme Court as part of the record. On November 12, 1959, the defendants filed a notice of appeal with the Supreme Court and the Clerk of this court on December 9, 1959, transmitted to the Clerk of the Supreme Court a certified copy of the record in this case, less certain original papers. 30, as amended, or as part of any ceremony, observance, exercise or school routine provided, that nothing herein shall be construed as interfering with or prohibiting the use of any books or works as source or reference material." On September 21, 1959, the injunction was stayed pending an appeal to the Supreme Court. § 15-1516, to be unconstitutional for the reasons stated, and on September 17, 1959, entered a final decree enjoining the defendants perpetually "from reading or causing to be read, or permitting anyone subject to their control and direction to read, to students in the public schools of Abington Township, Montgomery County, Pennsylvania, any work or book known as The Holy Bible, as directed by Section 1516 of the Pennsylvania Public School Code of March 10, 1949, P.L. 398, adjudging Section 1516 of the Pennsylvania Public School Code of 1949, as amended, 24 P.S.Pa. On September 16, 1959, this court filed an opinion in this case with findings of fact and conclusions of law, 177 F. Gen., for the Commonwealth of Pennsylvania.īefore BIGGS, Circuit Judge, and KIRKPATRICK and KRAFT, District Judges. of Commonwealth of Pennsylvania, by John Killian, III, Deputy Atty. Adler, Harrisburg, Pa., for Pennsylvania State Education Ass'n, amicus curiæ.Īnne X. Mann, Philadelphia, Pa., for American Jewish Congress, amici curiæ. Leo Pfeffer, New York City, Maximillian J. Wickenhaver, Philadelphia, Pa., Percival R. Elsbree, Philadelphia, Pa., for plaintiffs.Ĭ. Sawyer, III, Philadelphia, Pa., Wayland H. SCHOOL DISTRICT OF ABINGTON TOWNSHIP, PENNSYLVANIA, c/o James F. Edward Lewis SCHEMPP, Sidney Gerber Schempp, Individually and as Parents and Natural Guardians of Ellory Frank Schempp, Roger Wade Schempp and Donna Kay Schempp
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