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WEST MORRIS REG. BD. OF ED. ET AL. v. SILLS, ET AL.

58 N.J. 464 (1971)

279 A.2d 609

WEST MORRIS REGIONAL BOARD OF EDUCATION, ET AL., PLAINTIFFS-RESPONDENTS, CROSS-APPELLANTS, v. ARTHUR J. SILLS, ET AL., DEFENDANTS-APPELLANTS, CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 25, 1971.

Attorney(s) appearing for the Case

Mrs. Virginia Long Annich, Deputy Attorney General, argued the cause for defendants-appellants, cross-respondents (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. Garret A. Hobart, IV, argued the cause for plaintiffs-respondents, cross-appellants (Messrs. Schenck, Price, Smith and King, attorneys).

Mr. Arnold H. Chait argued the cause for defendant-appellant, cross-respondent The Board of Education of The Township of Morris (Messrs. Vogel, Chait and Wacks, attorneys).

The opinion of the Court was delivered by WEINTRAUB, C.J.

Plaintiffs sought a declaration that a statute providing for free transportation of children to private schools was unconstitutional. The principal attack was two-fold: (1) that the statute violated the establishment clause of the church-state provision of the First Amendment to the Constitution of the United States, and (2) that the statute discriminated arbitrarily among pupils attending private schools,...

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