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ROBBIANI v. BURKE

77 N.J. 383 (1978)

390 A.2d 1149

RAYMOND ROBBIANI, INDIVIDUALLY AND AS PRESIDENT OF THE FARMINGDALE BOARD OF EDUCATION, ET AL., PLAINTIFFS-RESPONDENTS, v. FRED G. BURKE, COMMISSIONER OF EDUCATION AND THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS, AND STANLEY C. VAN NESS, PUBLIC ADVOCATE, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 31, 1978.

Attorney(s) appearing for the Case

Ms. Susan P. Gifis, Deputy Attorney General, argued the cause for appellants (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Steven A. Pardes argued the cause for respondents (Messrs. Sim, Sinn, Gunning, Serpentelli and Fitzsimmons, attorneys; Mr. Eugene D. Serpentelli, of counsel).

No appearance was made on behalf of the Public Advocate.

The opinion of the court was delivered by CONFORD, P.J.A.D. (temporarily assigned).

The dispositive issue before the Court is the constitutionality vel non of N.J.S.A. 18A:33-5 which exempts from the mandatory school lunch program in the public schools, N.J.S.A. 18A:33-4, those individual schools in which under 5% of the enrolled pupils qualify economically for free or reduced price lunches. The Superior Court, Chancery Division, held the exemption...

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