NEW JERSEY ED. ASS'N v. BURKE

No. 77-1828.

579 F.2d 764 (1978)

NEW JERSEY EDUCATION ASSOCIATION, Paterson Education Association, Camden Education Association, Education Association of Passaic, Newark Teachers Association, West New York Education Association, Union City Education Association, New Jersey Corporations, Jose Yi and Manny DePara, Appellants, v. Fred G. BURKE, Commissioner of Education, as Commissioner and Individually, Ruth H. Mancuso, President of the New Jersey State board of Education, as President and Individually and the New Jersey State Board of Education.

United States Court of Appeals, Third Circuit.

Decided May 3, 1978.


Attorney(s) appearing for the Case

William S. Greenberg, Greenberg & Mellk, Trenton, N. J., for appellants.

William F. Hyland, Atty. Gen. of N. J., Trenton, N. J., Erminie Conley, Deputy Atty. Gen., Trenton, N. J., of counsel, Mark D. Schorr, Deputy Atty. Gen., on the brief, for appellees.

Before ADAMS and HIGGINBOTHAM, Circuit Judges, and BECHTLE, District Judge.


OPINION OF THE COURT

ADAMS, Circuit Judge.

Legal precepts tend to expand, inexorably and sometimes imperceptibly. This is so, at least in part, because a broadly-formulated legal principle is by its very nature applicable to a wide range of situations. In any particular case, advocacy impels each party to claim the benefit of a potentially applicable doctrine, and in the absence of countervailing principles, consistency leads courts to decide in accordance...

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