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THOMPSON v. WALLIN

196 Misc. 686 (1949)

Robert Thompson, as Chairman of The Communist Party of the State of New York, et al., Plaintiffs, v. William J. Wallin et al., Constituting the Board of Regents of the University of the State of New York, Defendants. (Case No. 1.) In the Matter of Charles L'Hommedieu et al., Petitioners, v. Board of Regents of the University of the State of New York et al., Respondents. (Case No. 2.)

Supreme Court, Special Term, Albany and Ulster Counties.

November 28, 1949.

Attorney(s) appearing for the Case

Unger Freedman & Fleischer (David M. Freedman, Bernard Jaffe and Abraham Unger of counsel), for plaintiffs.

Fred G. Moritt, Frederic A. Johnson and Morris Eisenstein for petitioners.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Ruth Kessler Toch and Kent H. Brown of counsel), for defendants and respondents.

Pressman, Witt & Cammer for Teachers Union, Local 555, amicus curiæ.

Will Maslow and Shad Polier for American Jewish Congress, amicus curiæ.

Samuel M. Birnbaum for American Legion, Department of New York, amicus curice.

Ralph Shapiro for International Fur and Leather Workers Union, amicus curiæ.

Morris Zuckman for American Labor Party, amicus curice.

Michael B. Atkins, Howard N. Meyer and Herbert I. Silverman for National Lawyers Guild, amicus curiæ.

Arthur C. Buck, as president of Association of Teachers of Social Studies, amicus curice.

SCHIRICK, J.

Chapter 416 of the Laws of 1917 (§ 3) introduced into our law a provision which now constitutes section 3021 of the Education Law. It reads as follows: "A person employed as superintendent of schools, teacher or employee in the public schools, in any city or school district of the state, shall be removed from such position for the utterance of any treasonable or seditious word or words or the...

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