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MATTER OF ZORACH v. CLAUSON

198 Misc. 631 (1950)

In the Matter of Tessim Zorach et al., Petitioners, v. Andrew G. Clauson, Jr., et al., Constituting The Board of Education of the City of New York, et al., Respondents, and Greater New York Co-Ordinating Committee On Released Time of Jews, Protestants and Roman Catholics, Intervener, Respondent.

Supreme Court, Special Term, Kings County.

June 19, 1950.

Attorney(s) appearing for the Case

Kenneth W. Greenawalt, Leo Pfeffer, Edwin Lukas and Sol Rabkin for petitioners.

John P. McGrath, Corporation Counsel (Michael A. Castaldi and Arthur H. Kahn of counsel), for Board of Education of the City of New York, respondent.

Nathaniel L. Goldstein, Attorney-General (John P. Powers and Louis Winer of counsel), for Francis T. Spaulding, as Commissioner of Education of the State of New York, respondent.

Charles H. Tuttle, Porter R. Chandler and Louis M. Loeb for intervener, respondent.

DI GIOVANNA, J.

This is an application pursuant to article 78 of the Civil Practice Act for the following relief:

(1.) Directing a trial in respect of issues of fact raised by the pleadings and accompanying papers;

(2.) The hearing of any objections in point of law in relation to the pleadings;

(3.) Argument upon the merits of petitioners' application, and

(4.) Such other and further...

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