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JOHNSON v. NEW YORK STATE EDUCATION DEPARTMENT

No. 70-C-1174.

319 F.Supp. 271 (1970)

Daisy JOHNSON, Dorothy Miller, Forestine Pressy, individually and on behalf of their minor children and on behalf of all others similarly situated, Plaintiffs, v. NEW YORK STATE EDUCATION DEPARTMENT, Ewald B. Nyquist, as Commissioner of the New York State Education Department, and the Board of Education of Union Free School District No. 27, Town of Hempstead, and Edward Moyer, as Superintendent of the Schools of Union Free School District No. 27, Town of Hempstead, Defendants.

United States District Court, E. D. New York.

October 28, 1970.

Attorney(s) appearing for the Case

Leonard S. Clark, Westbury, N. Y., for plaintiffs, Carl Jay Nathanson, Freeport, N. Y., Burr C. Hollister, Mineola, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, for New York State Dept. of Ed. and Ewald B. Nyquist, as Commissioner of the New York State Ed. Dept., Joel Lewittes, Iris Steel, Asst. Attys. Gen., of counsel.

Henry A. Weinstein, for Bd. of Ed., Union Free School Dist. No. 27, Town of Hempstead, and Edward Moyer, as Superintendent of the Schools of Union Free School Dist. No. 27.

TRAVIA, District Judge.

The three plaintiffs are recipients of public assistance and are the parents of six elementary school children who are currently attending schools operated by the Board of Education of Union Free School District No. 27, Town of Hempstead, hereinafter called the "Board." The defendants are the Board, its Superintendent of Schools, Edward Moyer, the New York State Education Department and the Commissioner of Education, Ewald B. Nyquist.

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