WALKER v. SAN FRANCISCO UNIFIED SCHOOL DIST.

No. C-86-6430 WHO.

741 F.Supp. 1386 (1990)

Albert C. WALKER; Roberta Walker, Leon Ilnicki; Juanita Ilnicki, John C. Soso; Jacklyn C. Soso; Margaret Smith, Alyce Crosdale, and Betty Sands, Plaintiffs, v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, City and County of San Francisco, State of California; Board of Education of the San Francisco Unified School District, City and County of San Francisco, State of California; Ramon Cortines, Superintendent of Schools, San Francisco Unified School District; William Honig, as California Superintendent of Public Instruction; California Department of Education; California State Board of Education; John R. Quinn, Archbishop of the Archdiocese of San Francisco, individually and as a Corporation Sole; Archdiocese of San Francisco; Mt. St. Joseph-St. Elizabeth; Lauro F. Cavazos, as Secretary of the United States Department of Education, Defendants. and Deborah Martin; Jacob Perea; and Barbara Perea, Intervenor-Defendants.

United States District Court, N.D. California.

June 6, 1990.


Attorney(s) appearing for the Case

Claude Morgan, Sacramento, Cal., Lee Boothby, Boothby, Ziprick & Yingst, Berrien Springs, Mich., for plaintiffs.

Louise H. Renne, City Atty., Dennis Aftergut, Burk E. Delventhal, Randy Riddle, Deputy City Attys., San Francisco, Cal., for defendants San Francisco Unified School Dist. and Ramon Cortines.

Roger Wolfertz, Legal Office, State Dept. of Educ., Sacramento, Cal., for State defendants.

Paul E. Gaspari, Lawrence R. Jannuzzi, Tobin & Tobin, San Francisco, Cal., for The Roman Catholic Archbishop of San Francisco.

Frank D. Tatum, Jr., Paul J. Laveroni, Mark D. Skilling, Cooley Godward Castro Huddleson & Tatum, San Francisco, Cal., for Mt. St. Joseph-St. Elizabeth.

Stuart M. Gerson, Asst. Atty. Gen., Joseph P. Russoniello, U.S. Atty., Stephen Schirle, Asst. U.S. Atty., San Francisco, Cal., Brook Hedge, Theodore C. Hirt, Eric J. Segall, Attys., Civ. Div., Dept. of Justice, Washington, D.C., for U.S. Dept. of Educ. and Lauro F. Cavazos, Secretary.

Charles H. Wilson, Laura P. Masurovsky, William & Connolly, Washington, D.C., Gregory Ryken, Jacobs, Spotswood & Ryken, San Francisco, Cal., for intervenor-defendants.


OPINION AND ORDER

ORRICK, District Judge.

Plaintiffs, resident California state and federal taxpayers, filed a declaratory relief action against defendants2 alleging that the manner in which remedial educational services are provided to students attending sectarian schools in the San Francisco Unified School District, pursuant to Chapters 1 and 2 of the Education Consolidation and...

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