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COMMISSIONER OF EDUCATION v. SCH. COMMITTEE OF LEYDEN

358 Mass. 776 (1971)

267 N.E.2d 226

COMMISSIONER OF EDUCATION vs. SCHOOL COMMITTEE OF LEYDEN.

Supreme Judicial Court of Massachusetts, Suffolk.

March 2, 1971.

Attorney(s) appearing for the Case

William E. Searson, III, Assistant Attorney General (Walter H. Mayo, III, Assistant Attorney General, with him), for the plaintiff.

Ralph Warren Sullivan (James M. Malloy with him) for the defendant.

Henry P. Monaghan, for Civil Liberties Union of Massachusetts, amicus curiac, submitted a brief.

Present: TAURO, C.J., SPALDING, CUTTER, SPIEGEL, & BRAUCHER, JJ.

CUTTER, J.

The commissioner's bill seeks to enjoin the school committee from putting into effect a resolution adopted on August 21, 1969,1 and "from permitting ... Bible reading or prayer in the ... [Leyden] public schools." The matter is before us on a case stated, summarized below, upon which it is our duty2 to order the correct decree. See Saphier v.

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