MAIER v. GOOD

No. 70 CV 441.

325 F.Supp. 1268 (1971)

William MAIER, individually and on behalf of his minor children, William Maier, Joanna Maier and Deborah Maier, Plaintiffs, v. William O. GOOD, individually and in his capacity as Principal of Fabius Central School, Doctor Hollis J. Ingraham, individually and in his capacity as Commissioner of the State Department of Public Health, State of New York, and Ewald Nyquist, individually and in his capacity as Commissioner of the State Department of Education, State of New York, Defendants.

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

April 30, 1971.


Attorney(s) appearing for the Case

Onondaga Neighborhood Legal Services, Syracuse, N. Y., for plaintiffs; Charles M. Connelly, Richard A. Ellison, and Hermine Leiderman, Syracuse, N. Y., of counsel.

Kenyon & Ames, Tully, N. Y., for defendant William O. Good; Robert M. Kenyon, Tully, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen., of New York, for defendants Dr. Hollis J. Ingraham and Ewald Nyquist; Ruth Kessler Toch, Sol. Gen., Calvin M. Berger, and John Driscoll, Asst. Attys. Gen., of counsel.

Hinman, Howard & Kattell, Binghamton, N. Y., for The First Church of Christ, Scientist, in Boston, Massachusetts, amicus curiae; A. Lawrence Abrams, and Eugene E. Peckham, Binghamton, N. Y., of counsel.

New York Civil Liberties Union, Syracuse, N. Y., amicus curiae; Thomas J. Maroney, Syracuse, N. Y., of counsel.

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


FEINBERG, Circuit Judge:

This is an action brought by plaintiffs, William Maier and his three minor children, for injunctive and declaratory relief because defendant William O. Good, principal of Fabius Central School, barred the children from school for failure to satisfy the New York mandatory immunization statute. N.Y. Public Health Law, McKinney's Consol. Laws, c. 45, § 2164. Plaintiffs contend that this violates their rights under the first and fourteenth...

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