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MATTER OF DANIMAN v. BD. OF EDUC. OF CITY OF N. Y.

306 N.Y. 532 (1954)

In the Matter of Mary I. Daniman et al., Appellants, v. Board of Education of the City of New York, Respondent. In the Matter of Vera Shlakman et al., Appellants, v. Board of Higher Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided April 22, 1954

Attorney(s) appearing for the Case

Paxton Blair and Harold I. Cammer for Mary I. Daniman and others, appellants.

Ephraim S. London and Sherman P. Kimball for Harry Slochower, appellant.

Denis M. Hurley, Corporation Counsel (Michael A. Castaldi, Seymour B. Quel, Helen R. Cassidy, Bernard Friedlander and Barbara H. Carroll of counsel), for respondents.

Robert M. Benjamin and Frank E. Karelsen for Public Education Association, amicus curiaelig;, in support of appellants' position.

LEWIS, Ch. J., FROESSEL and VAN VOORHIS, JJ., concur with CONWAY, J.; DESMOND, J., dissents in opinion in which DYE and FULD, JJ., concur.

CONWAY, J.

Petitioners who are teachers — the first group in public schools, the second group in public colleges — were subpœnaed and appeared in September and October of 1952 before Senator Homer Ferguson, sitting in New York as a subcommittee of the Committee on the Judiciary of the Senate of the United States to investigate the administration of the Internal Security Act and other internal...

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