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STEIN v. OSHINSKY

No. 63-C-260.

224 F.Supp. 757 (1963)

Kimberly STEIN, a minor, by Audrey H. Stein, his parent and next friend, et al., Plaintiffs, v. Elihu OSHINSKY, Principal, Public School 184, Whitestone, New York, and Max J. Rubin et al., constituting the Board of Education of the City of New York, and Board of Regents of the University of the State of New York, Defendants.

United States District Court E. D. New York.

December 20, 1963.

Attorney(s) appearing for the Case

Edward J. Bazarian, New York City, for plaintiffs.

Leo A. Larkin, Corp. Counsel, for defendants Elihu Oshinsky, Max J. Rubin and others, constituting Bd. of Education of City of New York, Joseph M. Callahan, Jr., Sidney P. Nadel, New York City, of counsel.

John P. Jehu, Charles A. Brind, Jr., Counsel, State Education Dept., Albany, N. Y., for defendant, Bd. of Regents of University of New York.

BRUCHHAUSEN, District Judge.

The infant plaintiffs seek a mandatory injunction, requiring the defendants to afford the plaintiffs an opportunity to express their love and affection to Almighty God each day through a prayer, voluntarily offered in their respective classrooms; an injunction, enjoining the defendants from interfering with the recitation of this prayer, and to declare such prayers constitutional. The defendants move to dismiss the complaint.

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