BOARD OF ED., EAST MEADOW UNION FREE SCH. v. BELL

81 CV 1697.

530 F.Supp. 1130 (1982)

BOARD OF EDUCATION, EAST MEADOW UNION FREE SCHOOL DISTRICT and Board of Education, Rome City School District and Michael Turner, Martin A. Hollander, Arthur Coultoff, Angelo Gaglione, Christopher Jensen, Robert Kushner and Elaine O'Sullivan, individually as taxpayers and property owners and in their capacities as members of the Board of Education of the East Meadow Union Free School District, Plaintiffs, v. Terrell BELL, Secretary of the United States Department of Education, Defendant.

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

January 14, 1982.


Attorney(s) appearing for the Case

Dalton, Henoch & Kadin, Hempstead, N. Y. by Jack I. Slepian, New York City, for plaintiffs.

J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., Edward R. Korman, U. S. Atty., Brooklyn, N. Y., Brook Hedge, David M. Glass, Attys., Dept. of Justice, Civil Division, Washington, D. C., for defendant.


DECISION AND ORDER

BRAMWELL, District Judge.

Defendant Terrell Bell, the Secretary of Education (the "Secretary") has moved this Court for an Order dismissing the instant action pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For reasons to be set forth herein the motion is granted in part and denied in part.

Plaintiffs in this action, the Board of Education of the East Meadow Union Free School District ("East Meadow...

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