JOHNSON v. NEW YORK STATE EDUCATION DEPT.

No. 71-5685.

409 U.S. 75 (1972)

JOHNSON ET AL. v. NEW YORK STATE EDUCATION DEPARTMENT ET AL.

Supreme Court of United States.

Decided November 20, 1972.


Attorney(s) appearing for the Case

Carl Jay Nathanson argued the cause and filed briefs for petitioners.

Joel Lewittes, Assistant Attorney General of New York, argued the cause for respondents. With him on the brief were Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Iris A. Steel, Assistant Attorney General. Henry A. Weinstein filed a brief for respondent the Board of Education, Union Free School District No. 27.

Briefs of amici curiae were filed by J. Harold Flannery for the Center for Law and Education, Harvard University, et al., and by John E. Coons for the American Federation of Teachers et al.


PER CURIAM.

We granted certiorari to review the judgment of the United States Court of Appeals for the Second Circuit, 449 F.2d 871 (1971), affirming the District Court's dismissal of petitioners' complaint challenging the constitutionality of New York Education Law § 701 et seq. (1971). 405 U.S. 916 (1972). However, respondents' brief states that "[o]n May 3, 1972, the qualified voters of the respondent school district...

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