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NEW JERSEY-PHILADELPHIA PRESBYTERY v. N. J., ETC.

Civ. A. No. 79-3341.

514 F.Supp. 506 (1981)

NEW JERSEY-PHILADELPHIA PRESBYTERY OF the BIBLE PRESBYTERIAN CHURCH; Shelton College, a Ministry of Bible Presbyterian Church; Bible Presbyterian Church of Collingswood, New Jersey; Kevin Wilson, Brad Gsel, Kevin Clair Michael, Curtis Jordan Bashaw, Louise Olson and Everette Charles Olson, Plaintiffs, v. NEW JERSEY STATE BOARD OF HIGHER EDUCATION; T. Edward Hollander, Chancellor of New Jersey Department of Higher Education; Richard D. Breslin, Assistant Chancellor for Academic Affairs of the New Jersey Department of Higher Education, and Amorita Suarez, Director of the Office for Independent Colleges and Universities of the New Jersey Department of Higher Education, Defendants.

United States District Court, D. New Jersey.

May 18, 1981.

Attorney(s) appearing for the Case

William B. Ball, Philip J. Murren, Kathleen A. O'Malley, Ball & Skelly, Harrisburg, Pa., C. Clark Hodgson, Jr., Stradley, Ronon, Stevens & Young, Esquires, Philadelphia, Pa., Keith J. Bashaw, Bashaw & Burro, P.C., Haddonfield, N. J., for plaintiffs.

James R. Zazzali, Atty. Gen. of N. J., Robert A. Fagella, Deputy Atty. Gen., Trenton, N. J., for defendants.

OPINION

DEBEVOISE, District Judge.

This is an application by plaintiffs for a temporary restraining order and preliminary injunction.

Procedural History

An understanding of the procedural history of this case and its related state court case is necessary in order to address the merits of plaintiffs' application.

On November 15, 1979 the New Jersey State Board of Higher Education and T. Edward Hollander, Chancellor of the...

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