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JENKINS v. TP. OF MORRIS SCHOOL DIST. AND BD. OF ED.

58 N.J. 483 (1971)

279 A.2d 619

BEATRICE M. JENKINS, ET AL., PETITIONERS-APPELLANTS, v. THE TOWNSHIP OF MORRIS SCHOOL DISTRICT AND BOARD OF EDUCATION, DEFENDANT-RESPONDENT, AND THE TOWN OF MORRISTOWN SCHOOL DISTRICT AND BOARD OF EDUCATION, DEFENDANT AND CROSS-PETITIONER-APPELLANT, AND THE BOROUGH OF MORRIS PLAINS BOARD OF EDUCATION, DEFENDANT.

The Supreme Court of New Jersey.

Argued April 26, 1971.

Decided June 25, 1971.

Attorney(s) appearing for the Case

Mr. Frank F. Harding and Mr. Stephen B. Wiley argued the cause for the appellants (Messrs. MacKenzie & Harding, attorneys for the appellants Beatrice M. Jenkins, et al.; Mr. Stephen B. Wiley, attorney for the appellant Morristown Board of Education; Mr. Donald M. Malehorn and Mr. Frank F. Harding, on the brief).

Mr. Victor H. Miles argued the cause for respondent.

Mr. Paul Bangiola argued the cause for defendant Borough of Morris Plains Board of Education.

The opinion of the Court was delivered by JACOBS, J.

The appellants sought to have the Commissioner of Education take suitable steps towards preventing Morris Township from withdrawing its students from Morristown High School and towards effectuating a merger of the Morris Township and Morristown school systems. The Commissioner was of the opinion that, even though such steps were highly desirable from an educational standpoint and to avoid racial imbalance, he lacked...

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