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NYQUIST v. MAUCLET

No. 76-208.

432 U.S. 1 (1977)

NYQUIST, COMMISSIONER OF EDUCATION OF NEW YORK, ET AL. v. MAUCLET ET AL.

Supreme Court of United States.

Decided June 13, 1977.

Attorney(s) appearing for the Case

Judith A. Gordon, Assistant Attorney General of New York, argued the cause for appellants. With her on the briefs were Louis J. Lefkowitz, Attorney General, and Samuel A. Hirshowitz, First Assistant Attorney General.

Michael Davidson argued the cause for appellee Mauclet. With him on the brief was Kevin Kennedy. Gary J. Greenberg argued the cause and filed a brief for appellee Rabinovitch.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

New York, by statute, bars certain resident aliens from state financial assistance for higher education. N. Y. Educ. Law § 661 (3) (McKinney Supp. 1976). This litigation presents a constitutional challenge to that statute.

I

New York provides assistance, primarily in three forms, to students pursuing higher education. The first type is the Regents college scholarship. These are...

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