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BD. OF EDUC. DIST. #4 v. BD. OF EDUC., ROCH.

43 Misc.2d 803 (1964)

Board of Education of Union Free School District No. 4 of the Town of Greece, Plaintiff, v. Board of Education of the City of Rochester et al., Defendants. (Action No. 1.) Belford Swarts et al., Plaintiffs, v. Board of Education of the City School District of the City of Rochester et al., Defendants. (Action No. 2.)

Supreme Court, Monroe County.

August 12, 1964

Attorney(s) appearing for the Case

Easton & Wagner for plaintiff. Action No. 1. Leo T. Sawyko and Raymond F. Allen for plaintiffs. Action No. 2. Arthur B. Curran, Jr., Corporation Counsel, for defendants. Actions No. 1 and No. 2.

DOMENICK L. GABRIELLI, J.

In these actions for declaratory judgment, the plaintiffs seek a determination that Local Law No. 8 adopted by the Council of the City of Rochester on May 28, 1963, is unconstitutional, null and void, and beyond the jurisdiction of the City Council; and further seek a permanent injunction against the defendant, Board of Education, because of threatened acts pursuant to the claimed illegal...

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