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ROSENTHAL v. BOARD OF ED. OF CENT. HIGH SCH. DIST. NO. 3, ETC.

No. 768, Docket 73-2729.

497 F.2d 726 (1974)

Joseph S. ROSENTHAL, Plaintiff-Appellant, v. BOARD OF EDUCATION OF CENTRAL HIGH SCHOOL DISTRICT NO. 3 OF the TOWN OF HEMPSTEAD et al., Defendants-Appellees, Ewald Nyquist, Commissioner of Education of the State of New York, Intervenor-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 20, 1974.

Attorney(s) appearing for the Case

Joseph S. Rosenthal, pro se, with whom Merril A. Mironer, and Friedlander, Gaines, Ruttenberg & Goetz, New York City, were on the brief, for appellant.

Bernard Morris, Merrick, N. Y., for appellee.

Louis J. Lefkowitz, Atty. Gen. of N. Y., with whom Samuel A. Hirshowitz and A. Seth Greenwald, Asst. Attys. Gen., were on the brief, for intervenor.

Before HAYS and OAKES, Circuit Judges, and CHRISTENSEN, Senior District Judge.

CHRISTENSEN, Senior District Judge:

Plaintiff, a resident and voter in Merrick, Long Island, New York, brought a civil rights action in the district court seeking the convention of a three-judge court for the purpose of granting declaratory and injunctive relief on his allegations that the method of selection provided by the New York Education Law for members of the defendant Central High School District Board was violative of the "one man, one vote" principle and...

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