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COMMITTEE FOR PUBLIC EDUCATION & RELIG. LIB. v. NYQUIST

No. 72 Civ. 2286.

350 F.Supp. 655 (1972)

COMMITTEE FOR PUBLIC EDUCATION AND RELIGIOUS LIBERTY et al., Plaintiffs, v. Ewald B. NYQUIST et al., Defendants, and Geraldine M. Boylan et al., Intervenor-Defendants, and Senator Earl W. BRYDGES, as Majority Leader and President Pro Tem of the New York State Senate, Intervenor-Defendant.

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

As Amended October 10, 1972.

Attorney(s) appearing for the Case

Leo Pfeffer, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants Nyquist, Levitt and Gallman, by Ruth Kessler Toch, Jean M. Coon, Albany, N. Y., of counsel.

Davis, Polk & Wardwell, New York City, for intervenors-defendants, Boylan, Cherry, Ducey, Ferguson, Ferrarella, Roos and Ruiz; by Porter R. Chandler, Richard E. Nolan, New York City, of counsel.

John F. Haggerty, Brooklyn, N. Y., and Louis P. Contiguglia, Auburn, N. Y., for intervenor-defendant Brydges.

Before HAYS, Circuit Judge, and CANNELLA and GURFEIN, District Judges.

GURFEIN, District Judge:

We are again confronted with the question of the constitutionality of an Act of the New York Legislature relating to nonpublic schools, the children who attend them, and their parents. The plaintiffs are an unincorporated association and individuals who are residents of the State of New York and who pay income taxes and other taxes to that State. Some of the plaintiffs have children attending public schools. The defendants are the Commissioner...

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