Donald R. LEE, Phyllis Johnson, David Collins, Erwin Johnson, John Medige and Norman Goldfarb on behalf of their children, themselves and all citizens of the United States and residents of New York State similarly situated, Plaintiffs,
v.
Ewald B. NYQUIST, Commissioner of Education of the State of New York, the Board of Regents of the University of the State of New York, Joseph Manch, Superintendent of the Board of Education of the City of Buffalo, and the Board of Education of the City of Buffalo, Defendants,
Frank P. Chropowicki, Charlotte King, Patricia Hollenbeck, Jerome Walter, and D. Laurie Pawlowski, Defendants-Intervenors.
United States District Court, W. D. New York.https://leagle.com/images/logo.png
Argued June 26, 1970.
Decided October 1, 1970.
Attorney(s) appearing for the Case
Herman Schwartz and David J. Mahoney, Jr., Buffalo, N. Y. (Jack Greenberg, Sylvia Drew, New York City, of counsel), for plaintiffs.
Jean M. Coon, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, Ruth Kessler Toch, Sol. Gen., of counsel), for defendants Ewald B. Nyquist and the Board of Regents of the State of New York.
Anthony Manguso, Corp. Counsel, City of Buffalo, N. Y., and Herbert B. Forbes, Asst. Corp. Counsel, on brief for defendants Board of Education of the City of Buffalo and Joseph Manch, Superintendent of the Board of Education of the City of Buffalo.
Denis M. Hurley, Brooklyn, N. Y. (John F. Haggerty, Hurley, Kearney & Lane, Brooklyn, N. Y., of counsel), for defendants-intervenors.
Kaye, Scholer, Fierman, Hays & Handler, New York City, submitted a brief amicus curiae for the National Education Assn. of the United States, New York State Teachers Assn., and Buffalo Teachers Federation.
Burt Neuborne, New York Civil Liberties Union, New York City, submitted a brief amicus curiae for the plaintiffs in Shepard et al. v. Board of Education of the City of New York et al.
Before HAYS, Circuit Judge, HENDERSON, Chief District Judge, and BURKE, District Judge.
United States District Court, W. D. New York.
HAYS, Circuit Judge:
The question in this case is whether Section 3201(2) of the New York Education Law (McKinney 1970), enacted as Chapter 342, [1969] Laws of New York, 1306, denies "to any person * * * the equal protection of the laws" in violation of the Fourteenth Amendment of the Constitution of the United States.
Section 3201(2) of the New York Education Law provides as follows:
2. Except with the express approval of a board of education having...
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