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MATTER OF L'HOMMEDIEU v. BD. OF REGENTS

276 A.D. 494 (1950)

In the Matter of Charles L'Hommedieu et al., Respondents, v. Board of Regents of the University of the State of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 8, 1950.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Ruth Kessler Toch of counsel), for appellants.

Fred G. Moritt, attorney (Frederic A. Johnson and Morris Eisenstein of counsel), for respondents.

R. Lawrence Siegel, attorney (Arthur Garfield Hays, John F. Finerty, Edward J. Ennis, Walter Frank, Raymond L. Wise, Dorothy Kenyon, Frank E. Karelsen, Jr., of counsel), for American Civil Liberties Union, amicus curiæ.

Robert Halpern, for United Parents Association, amicus curiæ.

Bentley Kassal, attorney for Americans for Democratic Action, amicus curiæ.

Arthur C. Buck, Robert H. McIlroy, Leonard Ingraham, attorneys for Association of Teachers of Social Studies of the City of New York.

Paul O'Dwyer, Michael B. Atkins, Howard N. Meyer and Herbert I. Silverman for New York City Chapter of the National Lawyers Guild, amicus curiæ.

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur.

HEFFERNAN, J.

This proceeding was instituted pursuant to the provisions of article 78 of the Civil Practice Act by five persons who are presently employed in the school system of the city of New York and one retired teacher. The relief sought by respondents is a determination directing the appellants to disregard chapter 360 of the Laws of 1949 and to refrain from taking any action for its enforcement.

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