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BLACKWELDER v. SAFNAUER

No. 597, Docket 88-7766.

866 F.2d 548 (1989)

Randy BLACKWELDER, Alice Blackwelder, Carmon Blackwelder, Katherine Blackwelder, Stephen Standish, Debora Standish, Aaron Standish, George Lonneville, Hilda Lonneville, Amy Lonneville and Jacqueline Lonneville, Plaintiffs-Appellants, v. Henry SAFNAUER, in his official capacity as the Superintendent of the Cato-Meridian Central School District, Edward Garno, in his official capacity as the Superintendent of City School District of Oswego, and Michael Hunsinger, in his official capacity as the Superintendent of the Waterloo Central School District, Defendants-Appellees, The State of New York, Intervening-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 23, 1989.

Attorney(s) appearing for the Case

Michael P. Farris, Home School Legal Defense Ass'n, Great Falls, Va., for plaintiffs-appellants.

Deborah H. Karalunas, Syracuse (Jonathan B. Fellows, Bond, Schoeneck & King, Syracuse, N.Y., on the brief), for defendants-appellees.

Frank K. Walsh, Asst. Atty. Gen., Albany (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., Albany, on the brief), for intervening defendant-appellee.

Norman H. Gross, Jay Worona, Bernard F. Ashe, and Mary E. Scalise, Albany, submitted an amicus curiae brief for New York State School Boards Ass'n, Inc. and the New York State United Teachers, AFL-CIO.

Before NEWMAN and ALTIMARI, Circuit Judges, and GRIESA, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal presents the unusual situation of appellants whose only complaint in this Court, after losing in the trial court, is that the judgment of the trial court should be vacated as moot. The appeal is brought by New York families who are educating their children at home for religious reasons. They appeal from a summary judgment entered June 17, 1988, 689 F.Supp. 106, in the District Court for...

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