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R.I. FEDERATION OF TCHRS., AFL-CIO v. NORBERG

No. 79-1558.

630 F.2d 850 (1980)

RHODE ISLAND FEDERATION OF TEACHERS, AFL-CIO, et al., Plaintiffs-Appellees, v. John H. NORBERG, Defendant-Appellee. Appeal of J. Fred LIPKIND et al.

United States Court of Appeals, First Circuit.

Decided August 21, 1980.

Attorney(s) appearing for the Case

William T. Murphy, Providence, R. I., with whom Albert K. Antonio, Sheila Tobie Swan, Murphy, Mullen & Jarret, Providence, R. I., and Robert M. Andersen were on brief, for appellants.

Lynette Labinger, Providence, R. I., with whom Julius C. Michaelson, and Abedon, Michaelson, Stanzler, Biener, Skolnik & Lipsey, Providence, R. I., were on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

The parents of school-age Rhode Island children appeal denial of their motion to intervene as of right as party defendants in a suit seeking declaratory and injunctive relief against a Rhode Island statute granting a state income tax deduction for expenses incurred in sending children to public and private primary and secondary schools in New England. We affirm the denial of intervention, not on the basis of untimeliness, as held by the district...

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