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DOREMUS v. BD. OF EDUCATION OF HAWTHORNE

5 N.J. 435 (1950)

75 A.2d 880

DONALD R. DOREMUS AND ANNA E. KLEIN, PLAINTIFFS-APPELLANTS, v. BOARD OF EDUCATION OF THE BOROUGH OF HAWTHORNE AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 16, 1950.

Attorney(s) appearing for the Case

Mr. Heyman Zimel argued the cause for appellants.

Mr. Henry F. Schenk, Deputy Attorney General, argued the cause for respondents. Mr. Theodore D. Parsons, Attorney General, and Mr. Alexander E. Fasoli on the brief.

Mr. Albert McCay filed a brief for State Council of the Junior Order of United American Mechanics of the State of New Jersey as amicus curiae.

The opinion of the court was delivered by CASE, J.

The judgment under appeal was entered in the Law Division of the Superior Court, Passaic County, and was brought here on our certification. The action was originated under the Declaratory Judgment Act by a proceeding in lieu of prerogative writ to test the constitutionality of R.S. 18:14-77 and 78. Those statutory provisions are:

18:14-77. "At least five verses...

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