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SMITH v. BD. OF EDUCATION, NORTH BABYLON UNION FREE SCHOOL DIST.

No. 524, Docket 87-7768.

844 F.2d 90 (1988)

David SMITH, by his next friend, Richard N. SMITH, Plaintiff-Appellee, v. BOARD OF EDUCATION, NORTH BABYLON UNION FREE SCHOOL DISTRICT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 14, 1988.

Attorney(s) appearing for the Case

Ronald A. Krauss, Philadelphia, Pa. (Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., Amy Adelson, Marc D. Stern, Lois C. Waldman, American Jewish Congress, New York City, of counsel), for plaintiff-appellee.

Donald T. McMillan, Uniondale, N.Y. (Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., Frank L. Amoroso, Evan H. Krinick, of counsel), for defendant-appellant.

Jeffrey P. Sinensky, Anti-Defamation League of B'nai B'rith, New York City (Jill L. Kahn, Livia D. Thompson, Justin J. Finger, Meyer Eisenberg, Sanford I. Weinberg, of counsel); The Rutherford Institute, Manassas, Va., Deborah A. Ausburn, David A. French, John W. Whitehead, amicus curiae for plaintiff-appellee.

Before LUMBARD, WINTER and ALTIMARI, Circuit Judges.

LUMBARD, Circuit Judge:

The Board of Education, North Babylon Union Free School District appeals from a judgment of the District Court for the Eastern District of New York, Mishler, Judge, entered on August 11, 1987 that restrains and enjoins the Board from scheduling Babylon High School's graduation exercises on a Saturday for the class graduating in June 1988. The Board maintains that Judge Mishler erred by finding that appellee David Smith's ability to attend...

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