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PIERCE v. SULLIVAN WEST CENTRAL SCHOOL DIST.

No. 03-9292.

379 F.3d 56 (2004)

Amanda S. PIERCE, James Pierce, by his mother Susan Pierce, and Susan Pierce, individually, Plaintiffs-Appellants, v. SULLIVAN WEST CENTRAL SCHOOL DISTRICT and Rod McLaughlin, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 11, 2004.

Attorney(s) appearing for the Case

Robert N. Isseks (Alex Smith, on the brief), Middletown, NY, for Plaintiffs-Appellants.

Paul G. Ferrara (Samuel L. Young, on the brief), Costello, Cooney & Fearon, Syracuse, NY, for Defendants-Appellees.

Before: WALKER, Chief Judge, JACOBS, Circuit Judge, and STANCEU, Judge.

WALKER, Chief Judge.

This case presents the question of whether New York's Education Law that allows "released time" from public schools for religious instruction was implemented in such a way as to violate the Establishment Clause of the First Amendment to the United States Constitution ("Establishment Clause"). Finding the facts in this case to be controlled by the Supreme Court's holding in Zorach v. Clauson, 343 U.S. 306...

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