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PUBLIC FUNDS FOR PUBLIC SCHOOLS OF N. J. v. MARBURGER

Civ. A. Nos. 1107-72 and 1688-72.

358 F.Supp. 29 (1973)

PUBLIC FUNDS FOR PUBLIC SCHOOLS OF NEW JERSEY et al., Plaintiffs, v. Carl L. MARBURGER, State Commissioner of Education of the State of New Jersey, et al., Defendants. The BOARD OF EDUCATION OF the CITY OF ORANGE, Plaintiff, v. Carl L. MARBURGER, State Commissioner of Education of the State of New Jersey, et al., Defendants.

United States District Court, D. New Jersey.

April 5, 1973.

Attorney(s) appearing for the Case

Ellen B. Kulka, for plaintiffs.

Edward J. Leadem, Trenton, N. J., for defendants-intervenors.

Philip Guidone, Montclair, N. J., for plaintiff, the Bd. of Ed. of the City of Orange.

Morton I. Greenberg, Asst. Atty. Gen., Lewis M. Popper, Deputy Atty. Gen., of the State of New Jersey, for defendants.

Before JAMES HUNTER, III, Circuit Judge, and BARLOW and KITCHEN, District Judges.

OPINION

BARLOW, District Judge.

Plaintiffs in Public Funds for Public Schools of New Jersey et al. v. Carl L. Marburger et al., are an amalgam of individual citizen taxpayers and organizations asserting that New Jersey's Nonpublic Elementary and Secondary Education Act, N.J.S.A. 18A:58-59 et seq., violates the First and Fourteenth Amendments to the Federal Constitution. Consolidated therewith is The Board of Education of the City of Orange v. Carl L. Marburger...

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