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ENGLISH v. BOARD OF EDUC. OF TOWN OF BOONTON

Nos. 01-3478, 01-3496 and 01-3505.

301 F.3d 69 (2002)

Patrick C. ENGLISH v. The BOARD OF EDUCATION OF the TOWN OF BOONTON; William L. Librera, Commissioner of the New Jersey Department of Education. Board of Education of Town of Boonton, Appellant. The Board of Education of Lincoln Park, Intervenor. Patrick C. English v. The Board of Education of the Town of Boonton; William L. Librera, Commissioner of the New Jersey Department of Education. William L. Librera, Appellant. The Board of Education of Lincoln Park, Intervenor.

United States Court of Appeals, Third Circuit.

Filed August 2, 2002.

Attorney(s) appearing for the Case

Patrick C. English (Argued), Dines & English, Clifton, NJ, for Appellee.

Kevin Kovacs (Argued), Purcell, Ries, Shannon, Mulcahy & O'Neill, Crossroads Business Center, Bedminster, NJ, for Intervenor.

Jeffrey Speiser, Herbert J. Stern (Argued), Stern, Greenberg & Kilcullen, Roseland, NJ, for Appellant.

John J. Farmer, Jr., Attorney General of New Jersey, Nancy Kaplan, Assistant Attorney General, of Counsel, Howard J. McCoach, (Argued), Deputy Attorney General, Sarah G. Crowley, Deputy Attorney General, on the brief, Office of Attorney General of New Jersey, Richard J. Hughes, Justice Complex, Trenton, NJ, for Appellant.

Before: BECKER, Chief Judge, SCIRICA and RENDELL, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

Lincoln Park is a New Jersey municipality that has elected to fulfill its statutory obligation to educate its high school students by entering into what is known as a "send-receive" relationship with neighboring Boonton through which it sends its pupils to Boonton High School and pays to the Boonton School District a tuition that reflects the "actual cost" of the students enrolled. N.J.S.A. § 18A:38-19. Under...

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