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SCHER v. BOARD OF EDUCATION OF TOWN OF WEST ORANGE

No. 18089.

424 F.2d 741 (1970)

John SCHER, an infant by his Guardians ad Litem Jack Scher and Jane Scher, and Jack Scher and Jane Scher, Individually, Appellants, v. BOARD OF EDUCATION OF the TOWN OF WEST ORANGE, John Curry as Principal of Mountain High School, and Theodore D'Alessio as Superintendent of Public Schools in the Town of West Orange.

United States Court of Appeals, Third Circuit.

Decided April 23, 1970.

Attorney(s) appearing for the Case

Bernard A. Kuttner, Newark, N.J., for appellants.

Brian C. Harris, Braff, Litvak & Ertag, East Orange, N.J. (Jerome B. Litvak, East Orange, N.J., on the brief), for appellees.

Samuel A. Christano, West Orange, N. J., for appellee Board of Education.

Before McLAUGHLIN, FREEDMAN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The appeal here is from the allowance of defendants' motion to dismiss plaintiffs' complaint and entry of summary judgment in favor of defendants.

The complaint of John Scher, the infant plaintiff and of his father and mother as his guardians ad litem and as individuals states that "this action arises out of the Fifth, Sixth and Fourteenth Amendments to the Constitution of...

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