BURDMAN v. NYQUIST

Civ. No. 1971-14.

332 F.Supp. 460 (1971)

Lee-Ann BURDMAN et al., Plaintiffs, Andrew Fitzpatrick et al., Plaintiff-Intervenors, v. Ewald B. NYQUIST, Commissioner of Education, State of New York, Defendant.

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

September 30, 1971.


Attorney(s) appearing for the Case

Kevin Kennedy and Charles Desmond, Buffalo, N. Y., for plaintiffs and plaintiff-intervenors.

Louis J. Lefkowitz, Atty. Gen., of State of New York (Ruth Kessler Toch, Sol. Gen., and Jean M. Coon, Asst. Atty. Gen., of counsel), for defendant.

Before FEINBERG, Circuit Judge, HENDERSON, Chief Judge, and CURTIN, District Judge.


CURTIN, District Judge:

This is an action brought by seven D'Youville College students and by D'Youville College for a judgment declaring that their rights under Article Six, Clause Two, and the First, Ninth, and Fourteenth Amendments of the Constitution of the United States have been abridged by Article XI, Section 31 of the New York State Constitution (Blaine Amendment) in the distribution of state aid to private colleges under Section...

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