NATIONAL COALITION FOR PUBLIC ED., ETC. v. CALIFANO

No. 76 Civ. 888 (CHT).

446 F.Supp. 193 (1978)

NATIONAL COALITION FOR PUBLIC EDUCATION AND RELIGIOUS LIBERTY et al., Plaintiffs, v. Joseph A. CALIFANO, Secretary of the United States Department of Health, Education and Welfare, et al., Defendants, and James Bovis et al., Intervenors-Defendants, and Philip Fenster et al., Intervenors-Defendants.

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

March 3, 1978.


Attorney(s) appearing for the Case

Leo Pfeffer, New York City, for plaintiffs.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City by Michael H. Dolinger, Asst. U. S. Atty., New York City, for defendants Califano and Boyer.

W. Bernard Richland, Corp. Counsel, City of New York, New York City by Beryl Kuder, Asst. Corp. Counsel, New York City, for defendant Anker.

Williams & Connolly, Washington, D. C., Martin, Obermaier & Morvillo, New York City by Edward Bennett Williams, Charles H. Wilson, Pierce O'Donnell, Washington, D. C., John S. Martin, Jr., New York City, for intervenors-defendants Bovis, et al.

National Jewish Commission on Law and Public Affairs, Brooklyn, N. Y. by Dennis Rapps, Brooklyn, N. Y., for intervenors-defendants Fenster, et al.

Before VAN GRAAFEILAND, Circuit Judge, and TENNEY and BRODERICK, District Judges.


MEMORANDUM

TENNEY, District Judge.

In this action challenging the use of funds provided by the federal government to localities under Title I of the Elementary and Secondary Education Act of 1965 ("Title I"), 20 U.S.C. §§ 241a et seq., the plaintiffs, National Coalition for Public Education and Religious Liberty ("PEARL") and certain individual taxpayers, have moved for a preliminary injunction and for summary judgment. For the reasons stated...

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