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OLIVER v. BOARD OF EDUCATION OF CITY OF NEW YORK

No. 69 Civ. 2130.

306 F.Supp. 1286 (1969)

Gloria OLIVER, Plaintiff, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, Board of Elections of the City of New York, Herman Badillo, individually and as Borough President of the Borough of Bronx, Bronx County, Abraham Stark, individually and as Borough President of the Borough of Brooklyn, Kings County, Percy E. Sutton, individually and as Borough President of the Borough of Manhattan, New York County, Sidney Leviss, individually and as Borough President of the Borough of Queens, Queens County, Robert T. Connor, individually and as Borough President of the Borough of Richmond, Richmond County, and Nelson A. Rockefeller, individually and as Governor of the State of New York, Defendants.

United States District Court S. D. New York.

November 20, 1969.

Attorney(s) appearing for the Case

Morton P. Cohen, Brooklyn, N. Y., Brooklyn Legal Services Corporation B, South Brooklyn Branch; John DeWitt Gregory, New York City, Community Action for Legal Services, for plaintiff; Jethro M. Eisenstein, Brooklyn, N. Y., John C. Gray, Jr., New York City, Jane R. Stern, Frederick H. Weisberg, Brooklyn, N. Y., of counsel.

J. Lee Rankin, Corporation Counsel, New York City, for Board of Education et al.; Robert E. Hugh, Asst. Corporation Counsel, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, Albany, N. Y., for defendant Nelson A. Rockefeller; Daniel M. Cohen, Asst. Atty. Gen., New York City, of counsel.

OPINION

McLEAN, District Judge.

This is an action by a resident and registered voter of Kings County, New York, seeking a judgment declaring that Section 11(1) of Chapter 330 of the New York Laws of 1969 and Section 2590-b(1) (a) of the Education Law of New York, McKinney's Consol. Laws, c. 16 are unconstitutional, on the ground that they deny plaintiff the equal protection of the laws, in violation of the Fourteenth Amendment. Plaintiff also asks this court...

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