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DOREMUS v. BD. OF ED. OF THE BOROUGH OF HAWTHORNE

7 N.J. Super. 442 (1950)

71 A.2d 732

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

Superior Court of New Jersey, Law Division.

Decided February 20, 1950.

Attorney(s) appearing for the Case

Mr. Heyman Zimel, attorney for plaintiffs.

Mr. Alexander E. Fasoli, attorney for defendant, Board of Education of the Borough of Hawthorne, New Jersey.

Mr. Theodore D. Parsons, Attorney General of New Jersey, attorney for defendant, State of New Jersey.

Messrs. Parker, McCay & Criscuolo, attorneys for State Council of the Junior Order of United American Mechanics of the State of New Jersey, as amicus curiae.

DAVIDSON, A.J.S.C.

This action seeks to test the constitutionality of the provisions of the Laws of New Jersey with respect to religious services or exercises in the public schools of the state, and is presented for determination upon cross-motions for summary judgment on the pleadings. The statutes under attack are N.J.S.A. 18:14-77:

"Reading Bible at opening of school.

"At least five verses taken from that portion of the Holy Bible known as...

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