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MATTER OF ELLIS v. DIXON, JR.

281 A.D. 987 (1953)

In the Matter of James R. Ellis, as President of The Yonkers Committee for Peace, an Unincorporated Association, Appellant, v. William Dixon, Jr., et al., as Members of The Board of Education of the City of Yonkers, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 20, 1953.

Order unanimously affirmed, with $10 costs and disbursements.

The proceeding was properly before the court. However, the petition does not allege facts which establish a clear legal right to the relief sought nor which establish that respondents failed to perform a duty enjoined...

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