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BRIGGS v. KERRIGAN

Civ. A. No. 69-747.

307 F.Supp. 295 (1969)

Archie BRIGGS et al., Plaintiffs, v. John T. KERRIGAN et al., Defendants.

United States District Court D. Massachusetts.

December 11, 1969.

Attorney(s) appearing for the Case

Gershon Michael Ratner, Boston Legal Assistance Project, Boston, Mass., Stephen Rosenfeld, Lawyers Committee for Civil Rights Under Law, Boston, Mass., for plaintiffs.

James J. Marcellino, Asst. Atty. Gen., Boston, Mass., for Comm. of Mass., Dept. of Education.

Edith W. Fine, Boston, Mass., and Herbert F. Travers, Jr., U. S. Atty., William J. Foley, Asst. U. S. Atty., Irwin Goldbloom and Howard B. Pickard, Dept. of Justice, Dept. of Agriculture, Washington, D. C., for Kerrigan, Eisenstadt, Lee, McDevitt, Tierney, Ohrenberger & Richards.

OPINION

GARRITY, District Judge.

The National School Lunch Act, 42 U.S.C. § 1751 et seq., provides federal assistance to local school lunch programs which implement the federal design to provide nutritious noon meals for our nation's youth at nonprofit and nonprohibitive prices. Plaintiffs complain that this program as administered in the Boston public school system violates both the Act and the Constitution of the United States. The court has heard...

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