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Banks v. Board of Public Instruction of Dade

United States Court of Appeals, Fifth Circuit
Nov 30, 1971
450 F.2d 1103 (5th Cir. 1971)

Summary

concluding that rule requiring students to stand during the Pledge was unconstitutional

Summary of this case from Frazier v. Winn

Opinion

No. 71-2177.

November 30, 1971.

Frank A. Howard, Jr., James T. Schoenbrod, Miami, Fla., for defendant-appellant.

Richard Yale Feder Arma Feder, Tobias Simon, Miami, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida; Ted Cabot, Judge.

Before TUTTLE, GEWIN and DYER, Circuit Judges.


Affirmed. See Local Rule 21.

See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).

This case originated as a three-judge case, Banks v. Board of Public Instruction of Dade County, 314 F. Supp. 285 (S.D.Fla. 1970) and was reversed and remanded for a fresh decree by the Supreme Court, 401 U.S. 988, 91 S.Ct. 1223, 28 L.Ed.2d 526 (1971). Upon remand the single district judge entered the order here appealed adopting as his findings of fact and conclusions of law that portion of the opinion of the three-judge court concerning the First Amendment challenge to Board Regulation 6122.


Summaries of

Banks v. Board of Public Instruction of Dade

United States Court of Appeals, Fifth Circuit
Nov 30, 1971
450 F.2d 1103 (5th Cir. 1971)

concluding that rule requiring students to stand during the Pledge was unconstitutional

Summary of this case from Frazier v. Winn
Case details for

Banks v. Board of Public Instruction of Dade

Case Details

Full title:ANDREW ROBERT BANKS, PLAINTIFF-APPELLEE, v. BOARD OF PUBLIC INSTRUCTION OF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 30, 1971

Citations

450 F.2d 1103 (5th Cir. 1971)

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