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FLAST v. GARDNER

No. 66 Civ. 4102.

271 F.Supp. 1 (1967)

Florence FLAST, Albert Shanker, Helen D. Henkin, Frank Abrams, C. Irving Dwork, Florine Levin and Helen L. Buttenwieser, Plaintiffs, v. John W. GARDNER, as Secretary of the Department of Health, Education and Welfare of the United States, and Harold Howe, 2d, as Commissioner of Education of the United States, Defendants.

United States District Court S. D. New York.

Decided June 19, 1967.

Probable Jurisdiction Noted October 16, 1967.

Attorney(s) appearing for the Case

Leo Pfeffer, New York City (Joseph B. Robison and Donald M. Kresge, New York City, on the brief), for plaintiffs.

Arthur S. Olick, New York City (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Michael D. Hess, Asst. U. S. Atty., on the brief), for defendants.

Thomas F. Daly, New York City (Lord, Day & Lord, Julius Berman, New York City, Reuben E. Gross, Staten Island, N. Y., and Marcel Weber, New York City, on the brief), for proposed intervenors.

Before HAYS, Circuit Judge, and McGOHEY and FRANKEL, District Judges.

Probable Jurisdiction Noted October 16, 1967. See 88 S.Ct. 218.

HAYS, Circuit Judge:

This is an action to enjoin the defendants from using federal funds to finance guidance services and instruction in reading, arithmetic and other subjects in religiously operated schools, and to prevent the expenditure of federal funds for the purchase of textbooks and other instructional materials for use in such schools. It is alleged that defendants are using federal funds...

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