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GOETZ v. ANSELL

No. 774, Docket 73-1352.

477 F.2d 636 (1973)

Theodore GOETZ, by his next friend Jane Sanford, Appellant, v. George S. ANSELL, Individually and as President of Board of Education of North Colonie Central School District, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided April 19, 1973.

Attorney(s) appearing for the Case

Alan H. Levine, New York City (Eve Cary, New York City, Margrethe Powers, Albany, N. Y., on the brief) for appellant.

David W. Morris, Albany, N. Y., for appellees.

Before SMITH, FEINBERG and MANSFIELD, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiff Theodore Goetz, a senior at Shaker High School in Latham, New York, an honor student and the president of his class, refuses to participate in the Pledge of Allegiance because he believes "that there [isn't] liberty and justice for all in the United States." Defendants George S. Ansell, President of the Board of Education of North Colonie Central School District, Charles Szuberla, Superintendent of Schools in that district, the Board...

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