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THOMPSON v. WALLIN

301 N.Y. 476 (1950)

Robert Thompson, as Chairman of The Communist Party of the State of New York, et al., Appellants, v. William J. Wallin et al., Constituting The Board of Regents of the University of the State of New York, Respondents. In the Matter of Charles L'Hommedieu et al., Appellants, v. Board of Regents of the University of the State of New York et al., Respondents. Abraham Lederman, as President of Teachers Union of the City of New York, Local 555 of the United Public Workers, et al., Plaintiffs, and Irving Adler et al., Appellants, v. Board of Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 30, 1950

Attorney(s) appearing for the Case

Abraham Unger, Osmond K. Fraenkel, David M. Freedman and Bernard Jaffe for appellants in first above-entitled action.

Frederic A. Johnson, Osmond K. Fraenkel, Fred G. Moritt and Morris Eisenstein for appellants in second above-entitled proceeding.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Ruth Kessler Toch of counsel), for respondents in first above-entitled action and second above-entitled proceeding.

Samuel M. Birnbaum and Solomon Kreitman for American Legion Department of New York, amicus curiæ, in support of respondents' position in first above-entitled action.

Arthur Garfield Hays and Osmond K. Fraenkel for appellants in third above-entitled action.

John P. McGrath, Corporation Counsel (Michael A. Castaldi, Seymour B. Quel and Morris Weissberg of counsel), for respondent in third above-entitled action.

LOUGHRAN, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LEWIS, J.

An appeal in each of these three cases presents for our decision the constitutionality of section 3022 of the Education Law (L. 1949, ch. 360) commonly known, and hereinafter referred to as the Feinberg Law.*

At the outset the fact should be noted that prior to the enactment of the challenged statute, the Legislature had prescribed statutory standards governing within...

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