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BAER v. KOLMORGEN

14 Misc.2d 1015 (1958)

Austin Baer et al., Plaintiffs, v. Edward L. Kolmorgen et al., Constituting the Board of Education of Ossining School District No. 1, Ossining, Defendants, and Jesse A. Collyer, Jr., et al., Intervenors-Defendants.

Supreme Court, Westchester County.

December 15, 1958.

Attorney(s) appearing for the Case

Leo Pfeffer, Shad Polier, Will Maslow and Philip Baum for plaintiffs.

Francis W. Greene and Arthur F. Gaynor for defendants.

Kent, Hazzard, Jaeger & Wilson (George Beisheim, Jr., of counsel), for intervenors-defendants.

ELBERT T. GALLAGHER, J.

In the year 1956 in the Village of Ossining a committee was formed, known and hereinafter designated as the Creche Committee. Its membership consisted of Catholics, Protestants and Jews. Its purpose was to solicit funds to enable the committee to erect a Nativity Scene within the village during the Christmas season.

An application was made by the committee to the Board of Education...

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