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OLSON v. BOARD OF EDUCATION OF U. F. SCH. DIST. NO. 12

No. 40, Docket 30591.

367 F.2d 565 (1966)

Wayne OLSON, a Minor, by Arthur Olson, his Parent and Next Friend, Appellant, v. The BOARD OF EDUCATION OF UNION FREE SCHOOL DISTRICT NO. 12, MALVERNE, NEW YORK, Luis Bejarano, President, Board of Education of Union Free School District No. 12, Malverne, New York, Luis Bejarano, Fred Hook, Thomas Hanrahan, Paul A. Stone and William H. Moody, Members of the Board of Education of Union Free School District No. 12, Malverne, New York, and James E. Allen, Jr., Commissioner of Education of the State of New York, Appellees.

United States Court of Appeals Second Circuit.

Decided October 14, 1966.

Attorney(s) appearing for the Case

Mason L. Hampton, Jr., Lynbrook, N. Y. (Gaylor, Hampton & Neimeth, Clarence William Gaylor, James M. Marrin, Lynbrook, N. Y., of counsel), for appellant.

John P. Jehu, Albany, N. Y. (Charles A. Brind, Jr., Albany, N. Y., counsel, State Education Department, Elizabeth M. Eastman, Louis H. J. Welch, Harry I. Margolis, Albany, N. Y., of counsel), for appellee James E. Allen, Jr., Commissioner of Education.

Joseph E. McMahon, New York City, for defendants-appellees, Board of Education of Union Free School District No. 12, Town of Hempstead, Nassau County, Individually and as Board of Education.

Robert L. Carter, Lewis M. Steel, and Joan Franklin, New York City, for Patricia Ann Mitchell, Frank Mathies, Jr., Cheryl Mathies and Brian Mathies, amici curiae.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM:

Appellant Wayne Olson, at the time this suit was instituted, was a student in the fifth grade at the Lindner Place School of the Union Free School District No. 12 of the Town of Hempstead, Nassau County, N. Y. (the "Malverne" School District). His father, Arthur Olson, brought this proceeding to contest an order of the Commissioner of Education of the State of New York which rezoned the District and thereby effected the shifting of his child, and many...

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