EISNER v. STAMFORD BOARD OF EDUCATION

No. 389, Docket 35345.

440 F.2d 803 (1971)

Jon EISNER et al., Plaintiffs-Appellees, v. STAMFORD BOARD OF EDUCATION: Ursa Coleman, Anna B. Cunningham, Margaret S. Dwyer, Harold E. Hoffman, Theodore P. Jakaboski, Patrick J. Joyce, Ruth A. Linke, Bernard O. Nemoitin and Margaret K. St. John, as members of the Stamford Board of Education, John A. Engel, as Principal of Rippowam High School, and Joseph B. Porter, as Superintendent of Schools of the City of Stamford, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 5, 1971.


Attorney(s) appearing for the Case

Frederick L. Comley, Pullman, Comley, Bradley & Reeves, Bridgeport, Conn. (Dion W. Moore, Bridgeport, Conn., on the brief), for defendants-appellants.

Monroe Silverman, Stamford, Conn. (Alan H. Levine, New York Civil Liberties Union, New York City, Stephen M. Seelig, Stamford, Conn., of counsel), for plaintiffs-appellees.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

The deceptively simple facts in this case generate legal problems which summon up many centuries of political and social thought and action concerning the relation between the rights and powers of men, women, and children, and their government. To resolve this problem we are required to consider principles and concepts which courts have fashioned over several decades of this century, giving concrete effect to the proscription of the...

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