195 F.Supp. 518 (E.D.Pa. 1961), Civ. A. 24119, Schempp v. School Dist. of Abington Township, Pennsylvania

Docket Nº:Civ. A. 24119
Citation:195 F.Supp. 518
Party Name:Schempp v. School Dist. of Abington Township, Pennsylvania
Case Date:June 22, 1961
Court:United States District Courts, 3th Circuit, Eastern District of Pennsylvania

Page 518

195 F.Supp. 518 (E.D.Pa. 1961)

Edward Lewis SCHEMPP, Sidney Gerber Schempp, individually and as parents and natural guardians of Ellory Frank Schempp, Roger Wade Schempp and Donna Kay Schempp


SCHOOL DISTRICT OF ABINGTON TOWNSHIP, PENNSYLVANIA, James F. Koehler, O.H. English, Eugene Stuall and M. Edward Northam.

Civ. A. No. 24119.

United States District Court, E.D. Pennsylvania.

June 22, 1961

Henry W. Sawyer, III, of Drinker, Biddle & Reath, Wayland H. Elsbree, of White & Williams, Philadelphia, Pa., for plaintiffs.

C. Brewster Rhoads, Philip H. Ward, III, of Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., Percival R. Rieder, Abington, Pa., for defendants.

Theodore Mann, Philadelphia, Pa., for American Jewish Congress, amicus curiae.

Anne X. Alpern, Atty. Gen., by John D. Killian, III, Asst. Atty. Gen., for the Commonwealth of Pa.

Before BIGGS, Circuit Judge, KIRKPATRICK, Senior District Judge, and KRAFT, District Judge.


On September 17, 1959 we entered a judgment declaring unconstitutional Section 1516 of the Pennsylvania Public School Code of March 10, 1949 as amended, 24 P.S. 15-1516. See D.C.1959 177 F.Supp. 398. On November 12, 1959 the defendants appealed to the Supreme Court of the United States. On December 23, 1959 they filed a motion in this court pursuant to Rule 60(b), Fed.R.Civ.Proc., 28 U.S.C., for relief from the judgment entered following our opinion in this case. The motion was based on the fact that Act No. 700 of the Laws of the General Assembly of Pennsylvania, passed at the Session of 1959 (effective December 17, 1959), and approved by the Governor of the Commonwealth of Pennsylvania on December 17, 1959, amended the Act of March 10, 1949 (P.L. 30), relating to Bible reading in the public schools of Pennsylvania. The motion was denied by this court on June 9, 1960 for want of jurisdiction. D.C., 184 F.Supp. 381.

On October 24, 1960 the Supreme Court handed down a per curiam opinion and order, 364 U.S. 298, 81 S.Ct. 268, 5 L.Ed.2d 89, vacating our judgment and remanding the case for such further proceedings as might be appropriate in the light of Act No. 700.

On January 4, 1961 a motion was...

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