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This section contains the nature of the case and procedural background.

On August 29, 1957, Jack Kilgrow (H) filed a petition against his wife, Christine Kilgrow (W), seeking a temporary injunction restraining her from interfering with H's 'right to carry the said Margaret the parties' 7-year old daughter] to Loretta School. The court granted the petition and W appealed. Apparently, H and W were of different religious affiliations, and H wanted the child to attend Loretta, a school operated by the church of H’s religious faith. W wants her to attend a public school. W appealed a court order in favor of H.

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