CHILD v. BEAME

No. 75 Civ. 336.

417 F.Supp. 1023 (1976)

George and Larry "CHILD" et al., Plaintiffs, v. Abraham BEAME, Individually and as Mayor of the City of New York, et al., Defendants.

United States District Court, S. D. New York.

August 13, 1976.


Attorney(s) appearing for the Case

Marcia Robinson Lowry, Children's Rights Project, New York Civil Liberties Union, New York City, for plaintiffs.

Kenneth Harfenist, New York City, for defendant Paul.

Davis, Polk & Wardwell, New York City, for or of counsel to defendants Francine, Barlow, Matthews, O'Neill, White, McCormack, Foster, Gaynor, Breen, Chillion, Howard, James, Chrysostom, Fogarty, Rutnik, McMahon, Trager, Meaney, Olivia, Harris and John; Thomas J. Aquilino, Jr., New York City, of counsel.

Cullen & Dykman, Brooklyn, N. Y., for defendant Lyman; Hugh M. Turk, Brooklyn, N. Y., of counsel.

Feder, Kaszovitz & Weber, New York City, for defendant Kaufman; Marcel Weber, New York City, of counsel.

Frederick H. Block and Michael Weiner, New York City, for defendant Zucker; Frederick H. Block, New York City, of counsel.

Emmet, Marvin & Martin, New York City, for defendant Coates; Lawrence B. Thompson, New York City, of counsel.

Bodell & Magovern, P. C., New York City, for defendants Bennington, Trobe, Kelly, Morrison, DeMartino, Hawthorne, Snow, Sheridan, Paul and Quinn; David H. Berman, New York City, of counsel.

David W. Plant, Jesse J. Jenner, New York City, for defendant Kane; Jesse J. Jenner, New York City, of counsel.

Robinson, Silverman, Pearce, Aronsohn, Sand & Berman, New York City, for defendant Goldsmith; Floran L. Fink, New York City, of counsel.

Humes, Andrews, Botzow & Wagner, New York City, for defendants Gaskill and Winterrowd; Justin E. Hoy, Jr., New York City, of counsel.

Seward & Kissel, New York City, for defendant Ross; Margaret DuB. Avery, New York City, of counsel.

Satterlee & Stephens, New York City, for defendant Gutheil; John T. Schmidt, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendant Pancost; J. Peter Coll, Jr., New York City, of counsel.


OPINION

EDWARD WEINFELD, District Judge.

This action was originally commenced by five children between the ages of 11 and 14 who, suing on their own behalf and on behalf of all others similarly situated, charged State and City officials, and the directors and administrators of virtually every Catholic, Protestant, Jewish and nonsectarian child-care facility in the Greater New York Metropolitan Area with violations of plaintiffs' constitutional and statutory...

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