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MATTER OF BD. OF EDUC. v. ALLEN

6 Misc.2d 453 (1957)

In the Matter of Board of Education of the City of New York et al., Petitioners, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

May 20, 1957.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Robert E. Hugh and Sidney P. Nadel of counsel), for petitioners.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and (George B. Farrington for James E. Allen, Jr., as Commissioner of Education of the State of New York, respondent.

Leonard Boudin for Harry Adler and others, respondents.

David I. Ashe for Samuel S. Cohen, respondent.

Jack B. Weinstein for New York Civil Liberties Union, amicus curiae.

DONALD S. TAYLOR, J.

The respondents Adler, Nash, Feinstein, Mauer and Cohen are permanent employees of the petitioner, Board of Education of the City of New York (hereinafter the board). Three are public school teachers; one is a school clerk and one is a school principal. Each acknowledges past but denies present membership in the Communist party.

On March 17, 1955 by amendment to its existing "declaration...

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