FELTON v. SECRETARY, UNITED STATES DEPT. OF EDUC.

No. 964, Docket 83-6359.

739 F.2d 48 (1984)

Betty-Louise FELTON, Charlotte Green, Barbara Hruska, Meryl A. Schwartz, Robert H. Side and Allen H. Zelon, Plaintiffs-Appellants, v. SECRETARY, UNITED STATES DEPARTMENT OF EDUCATION, and the Chancellor of the Board of Education of the City of New York, Defendants-Appellees, and Yolanda Aguilar, Lillian Colon, Miriam Martinez and Belinda Williams, Intervenor-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 9, 1984.


Attorney(s) appearing for the Case

Stanley Geller, New York City, for plaintiffs-appellants.

Michael Jay Singer, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee Secretary of Education.

Lorna B. Goodman, Asst. Corporation Counsel, New York City (Frederick A.O. Schwarz, Jr., Corporation Counsel, and Leonard Koerner and Michael Gage, New York City), for defendant-appellee Chancellor.

John J. Buckley, Jr., Charles H. Wilson, Paul Mogin, Washington, D.C. (Williams & Connolly, Washington, D.C.), Joseph C. Markowitz, New York City (Parker, Auspitz, Neesemann & Delehanty, New York City), for intervenor-defendants.

Before FEINBERG, Chief Judge, and FRIENDLY and OAKES, Circuit Judges.


FRIENDLY, Circuit Judge:

The venerated language of the First Amendment provides that

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof....

Title I of the Elementary and Secondary Education Act of 1965 ("the Act"), 20 U.S.C. § 2701 et seq.,1 declared it to be the policy of the United States to provide financial assistance to local educational institutions...

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