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BIKLEN v. BOARD OF EDUCATION, CITY SCHOOL DIST., SYRACUSE, N. Y.

No. 71-CV-108.

333 F.Supp. 902 (1971)

Sari Knopp BIKLEN, Plaintiff, v. BOARD OF EDUCATION, CITY SCHOOL DISTRICT, SYRACUSE, NEW YORK, et al., Defendants.

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

November 9, 1971.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City (John E. Le Moult, New York City, Faith A. Seidenberg, Syracuse, N. Y., Burt Neuborne, New York Civil Liberties Union, New York City, of counsel), for plaintiff.

Edward P. Kearse, Corp. Counsel, Syracuse, N. Y. (James M. Anderson, Asst. Corp. Counsel, of counsel), for defendants.

Louis J. Lefkowitz, Atty. Gen., State of New York (Ruth Kessler Toch, Sol. Gen., John Q. Driscoll, Julius L. Sackman, Asst. Attys. Gen., Albany, N. Y., of counsel), intervenor, pro se.

Before MULLIGAN, Circuit Judge, FOLEY, Chief District Judge, and PORT, District Judge.

MULLIGAN, Circuit Judge:

Section 3002 of the New York Education Law, McKinney's Consol. Laws, c. 16, requires any United States citizen who serves as a "teacher, instructor or professor in any school or institution in the public school system of the state or in any school, college, university or other educational institution in [the] state, whose real property, in whole or in part, is exempt from taxation * * *" to take an oath or make an affirmation to support the...

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