NEW JERSEY-PHILADELPHIA, ETC. v. N. J. STATE BD.

Nos. 80-1253, 80-1254 and 80-2703.

654 F.2d 868 (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, Appellants in Nos. 80-1253 and 80-2703, 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, Appellants in No. 80-1254.

United States Court of Appeals, Third Circuit.

Decided April 14, 1981.

As Amended April 22, 1981 and May 6, 1981.


Attorney(s) appearing for the Case

John J. Degnan, Atty. Gen. of N. J., Stephen Skillman, Asst. Atty. Gen., Robert A. Fagella, Deputy Atty. Gen. (argued), Trenton, N. J., for New Jersey State Board of Higher Education, et al.

William Bentley Ball (Argued), Philip J. Murren, Kathleen A. O'Malley, Ball & Skelly, Harrisburg, Pa., C. Clark Hodgson, Jr., Georganne Daher Terrill, Silvana Moscato Brightbill, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for New Jersey-Philadelphia Presbytery of the Bible Presbyterian Church, et al.; Keith J. Bashaw, Keith J. Bashaw, P. A., Haddonfield, N. J., of counsel.

Before GIBBONS and ROSENN, Circuit Judges, and WEBER, District Judge.


OPINION OF THE COURT

GIBBONS, Circuit Judge.

We here consider cross appeals from an order of the district court granting in part and denying in part an application for preliminary injunctive relief against the enforcement of certain statutes and regulations of the State of New Jersey dealing with the licensing of private institutions of higher education.1 The plaintiffs are Shelton College, a New Jersey corporation (Shelton)...

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