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ELLIOT v. BD. OF ED. OF TP. OF NEPTUNE

94 N.J. Super. 400 (1967)

228 A.2d 696

BARRY ELLIOT, A MINOR BY THERESE ELLIOT, HIS MOTHER AND NEXT FRIEND, ET AL., PETITIONERS-RESPONDENTS, v. THE BOARD OF EDUCATION OF THE TOWNSHIP OF NEPTUNE, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1967.

Attorney(s) appearing for the Case

Mr. William J. O'Hagan, Jr., argued the cause for appellant.

Mr. Joseph N. Dempsey argued the cause for respondents (Messrs. Robert L. Carter and Lewis M. Steel, of the New York Bar, of counsel).

Mr. Stephen G. Weiss, Deputy Attorney General, argued the cause for the Commissioner of Education and the State Board of Education (Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

PER CURIAM.

The Board of Education of Neptune Township has appealed from a decision of the State Board of Education affirming the decision of the State Commissioner of Education in which he found, on the facts presented, that a de facto racial imbalance clearly existed in the township's elementary school system and therefore directed the local board "to move forward with whatever celerity is needed to insure that an approved plan [to alleviate the imbalance...

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