BRONX HOUSEHOLD v. COMMUNITY SCHOOL DIST. NO. 10

No. 1669, Docket 96-9633.

127 F.3d 207 (1997)

The BRONX HOUSEHOLD OF FAITH; Jack Roberts; Robert Hall, Plaintiffs-Appellants, v. COMMUNITY SCHOOL DISTRICT NO. 10; Charles Williams, in his official capacity as President of the Board of Education for Community School Board District No. 10; The Board of Education of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 15, 1997.


Attorney(s) appearing for the Case

Jordan W. Lorence, Fairfax, VA (Joseph P. Infranco, Commack, NY, of counsel), for Plaintiffs-Appellants.

Stuart D. Smith, Assistant Corporation Counsel of the City of New York, New York City (Paul A. Crotty, Corporation Counsel, Barry P. Schwartz, Assistant Corporation Counsel, New York City, of counsel), for Defendants-Appellees.

(Marvin E. Frankel, Jeffrey S. Trachtman, Eric A. Tirschwell, Kramer, Levin, Naftalis, & Frankel, New York, NY, of counsel), for Amicus Curiae National Committee for Public Education and Religious Liberty.

(Jay Worona, General Counsel, Louis Grumet, Executive Director, New York State School Boards Association, Inc., Albany, NY, of counsel), for Amicus Curiae New York State School Boards Association, Inc.

(Steven T. McFarland, Kimberlee Wood Colby, Samuel B. Casey, Center for Law and Religious Freedom, Christian Legal Society, Annandale, VA, of counsel), for Amici Curiae Christian Legal Society, Christian Life Commission of the Southern Baptist Convention, Evangelical Lutheran Church in America, Family Research Council, Focus on the Family, and National Association of Evangelicals.

Before: VAN GRAAFEILAND, MINER and CABRANES, Circuit Judges.


MINER, Circuit Judge:

Plaintiffs-appellants The Bronx Household of Faith (the "Church"), an evangelical Christian church, and Jack Roberts and Robert Hall, its pastors, appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Preska, J.) in favor of defendants-appellees Community School District No. 10 ("District # 10"), Charles Williams, President of the Board of Education of District # 10, and the Board of...

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