Eleanor Taft TILTON et al., Plaintiffs,
v.
Robert H. FINCH, Secretary of the United States Department of Health, Education and Welfare, James E. Allen, Jr., Commissioner of Education of the United States, Marvin K. Peterson, Chairman of the Commission on Aid to Higher Education of the State of Connecticut, Sacred Heart University, Annhurst College, Fairfield University, Albertus Magnus College, Defendants.
United States District Court, D. Connecticut.https://leagle.com/images/logo.png
March 19, 1970.
Probable Jurisdiction Noted June 22, 1970.
Attorney(s) appearing for the Case
Leo Pfeffer, New York City, Peter L. Costas, Melvin S. Katz, Paul W. Orth, Robert Smith, Hartford, Conn., and Jerry Wagner, Bloomfield, Conn., for plaintiffs.
Jeffrey F. Axelrad, Atty., William D. Ruckelshaus, Asst. Atty. Gen., Harland F. Leathers, Atty., Dept. of Justice, Washington, D. C., Stewart H. Jones, U. S. Atty., and F. Mac Buckley, Asst. U. S. Atty., Hartford, Conn., for defendants Robert H. Finch and James E. Allen, Jr.
F. Michael Ahern, Asst. Atty. Gen., and Robert K. Killian, Atty. Gen., State of Connecticut, Hartford, Conn., for defendant Marvin K. Peterson.
Edward Bennett Williams, Jeremiah C. Collins and Charles H. Wilson, Jr., of Williams & Connolly, Washington, D. C., for all defendant colleges and universities.
James J. O'Connell, of Coles, O'Connell & Dolan, Bridgeport, Conn., for defendant Sacred Heart University.
Howard T. Owens, of Owens & Schine, Bridgeport, Conn., for defendants Annhurst College and Fairfield University.
Donald F. Keefe, Lawrence W. Iannotti and Bruce Lewellyn, of Tyler, Cooper, Grant, Bowerman & Keefe, New Haven, Conn., for defendant Albertus Magnus College.
Before J. JOSEPH SMITH, Circuit Judge, and TIMBERS and BLUMENFELD, District Judges.
United States District Court, D. Connecticut.
Probable Jurisdiction Noted June 22, 1970. See 90 S.Ct. 2200.
TIMBERS, District Judge:
QUESTIONS PRESENTED
This taxpayers suit seeking declaratory and injunctive relief with respect to the Higher Education Facilities Act of 1963, 20 U.S.C. §§ 701-58 (1964) (the Act), presents the following essential questions:
(1) Whether the Act authorizes grants to defendant church related colleges...
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