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KNIGHT v. BOARD OF REGENTS OF UNIVERSITY OF STATE OF N. Y.

No. 66 Civ. 4053.

269 F.Supp. 339 (1967)

Thomas KNIGHT et al., Plaintiffs, v. BOARD OF REGENTS OF the UNIVERSITY OF the STATE OF NEW YORK, Adelphi University, James E. Allen, as Commissioner of Education, Defendants.

United States District Court S. D. New York.

June 2, 1967.

Attorney(s) appearing for the Case

Alan H. Levine, New York City, N. Y. Civil Liberties Union. Golenbock & Barell, by Donald D. Shack, Levy, Gutman & Goldberg, by Jeremiah S. Gutman, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York. by Samuel A. Hirshowitz, Robert E. Hugh, and Karla Moskowitz, Asst. Attys. Gen., for defendants Bd. of Regents of the University of the State of New York and James E. Allen, as Commissioner of Education.

Bennett, Kaye & Scholly, by Robert J. Pape, Rockville Centre, N. Y., for defendant Adelphi University.

Before MOORE, Circuit Judge, and RYAN and TYLER, District Judges.

OPINION

TYLER, District Judge.

Plaintiffs are twenty-seven faculty members at Adelphi University, a private, non-profit institution of higher learning located in Garden City, New York and tax exempt under Section 420 of the New York Real Property Tax Law, McKinney's Consol.Laws, c. 50-A.

Section 3002 of the New York Education Law, McKinney's Consol.Laws, c. 16, requires every citizen teacher, instructor or professor in any public school or in any...

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