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PISCATAWAY TP. BOARD OF EDUCATION v. BURKE

158 N.J. Super. 436 (1978)

386 A.2d 439

PISCATAWAY TOWNSHIP BOARD OF EDUCATION, APPELLANT, v. FRED G. BURKE, COMMISSIONER OF EDUCATION OF THE STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1978.

Attorney(s) appearing for the Case

Mr. David B. Rubin argued the cause for appellant (Messrs. Rubin & Lerner, attorneys; Mr. Frank J. Rubin, of counsel; Mr. David B. Rubin on the brief).

Ms. Susan P. Gifis, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General of New Jersey, Mr. Stephen Skillman, Assistant Attorney General, and Ms. Gifis on the brief).

Before Judges LORA, SEIDMAN and MILMED.

The opinion of the court was delivered by MILMED, J.A.D.

The Piscataway Township Board of Education (local board) appeals from (1) the action of the Commissioner of Education (Commissioner) requiring it to submit, by August 1, 1977, "an approved plan for racial balance" in the Piscataway public schools, and (2) "a January, 1970, rule of the Commissioner defining racial imbalance." The local board's single overall contention is that "[c]ompulsory racial balance as...

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