MATTER OF LEWIS v. ALLEN


11 A.D.2d 447 (1960)

In the Matter of Joseph Lewis et al., Appellants, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, Respondent

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

December 2, 1960.


Attorney(s) appearing for the Case

Martin J. Scheiman for appellants.

Charles A. Brind (John P. Jehu, Elizabeth M. Eastman and George B. Farrington of counsel), for respondent.

BERGAN, P. J., COON, HERLIHY and REYNOLDS, JJ., concur.


GIBSON, J.

Petitioners appeal from an order which dismissed their petition seeking relief in the nature of mandamus (Civ. Prac. Act, § 1296, subd. 1; cf. § 1284, subd. 3) to compel respondent Commissioner of Education to rescind as constitutionally invalid a regulation recommending the use in the schools of the pledge of allegiance to the flag in the form presently in general use (Regulations of Comr...

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