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  5. 30 N.Y.2d 938 (1972)
 

BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 3, TOWN OF BROOKHAVEN v. NAT'L EDUC. ASS'N OF THE UNITED STATES

30 N.Y.2d 938 (1972)

Board of Education of Union Free School District No. 3, Town of Brookhaven, Respondent, et al., Plaintiff, v. National Education Association of the United States et al., Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1972.

Attorney(s) appearing for the Case

Richard R. Rowley, Jeffrey G. Plant and Bernard F. Ashe for appellants.

Frederic Block for respondent.

Bernard T. McGivern for New York State School Boards Association, Inc., amicus curiae.

Concur: Chief Judge FULD and Judges BURKE, BERGAN and GIBSON. Judges SCILEPPI, BREITEL and JASEN dissent and vote to affirm in the following memorandum.

Order reversed, without costs, and the complaint dismissed on the dissenting opinion at the Appellate Division. Question certified answered in the negative.

SCILEPPI, BREITEL and JASEN, JJ. (dissenting in the following memorandum).

On March 16, 1970 the New York State Teachers Association (Association) called upon all teachers not to "take employment" in the Comsewogue School District, in the following circular:

"Please be advised that the Comsewogue...

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