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.https://leagle.com/images/logo.png
Argued April 4, 1984.
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.
United States Court of Appeals, Second Circuit.
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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