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CATHOLIC H.S. ASS'N OF ARCHDIOCESE OF NY v. CULVERT

Nos. 1254, 1258, 1259, Dockets 83-9013, 84-7155, 84-7173.

753 F.2d 1161 (1985)

CATHOLIC HIGH SCHOOL ASSOCIATION OF the ARCHDIOCESE OF NEW YORK, Plaintiff-Appellee-Cross-Appellant, v. Edward R. CULVERT, Individually, and in his capacity as Chairman of the New York State Labor Relations Board, an Agency of the Department of Labor of the State of New York, Defendants-Appellants-Cross-Appellees, and Lay Faculty Association, Intervenor-Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 10, 1985.

Attorney(s) appearing for the Case

Jeffrey G. Stark, Mineola, N.Y. (Robert M. Archer, Michael A. Ciaffa, Anne C. Pollaro, Law Office of Suozzi, English & Cianciulli, Mineola, N.Y., of counsel), for intervenor-defendant-appellant-cross-appellee.

Edward J. Burke, New York City (Robert A. Wiesen, Richard K. Muser, Law Office of Clifton, Budd, Burke & DeMaria, New York City, of counsel), for plaintiff-appellee-cross-appellant.

Evelyn M. Tenenbaum, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Stanley A. Camhi, Asst. Atty. Gen., New York City, of counsel), for defendants-appellants-cross-appellees.

Before CARDAMONE, PRATT and FRIEDMAN, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal presents delicate issues involving the relationship between church and state. Since the drafting of the Bill of Rights, government regulation has become increasingly expansive. The wall of the First Amendment delineates the permissible degree of this government intrusion into the sphere reserved for religion. This parchment barrier must be constantly manned, the Founding Fathers believed,

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