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FLAST v. GARDNER

No. 66 Civ. 4102.

267 F.Supp. 351 (1967)

Florence FLAST, Albert Shanker, Helen D. Henkin, Frank Abrams, C. Irving Dwork, Florine Levin, and Helen D. 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.

April 27, 1967.

Attorney(s) appearing for the Case

Leo Pfeffer, New York City, for plaintiffs; Joseph B. Robison, Donald M. Kresge, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for defendants; Arthur S. Olick, Michael Hess, Asst. U. S. Attys., of counsel.

FRANKEL, District Judge.

The seven plaintiffs brought this suit to enjoin the use of federal funds (1) to finance instruction in reading, arithmetic, and other subjects in religious and sectarian schools, and (2) for the purchase of textbooks and other instructional materials for use in such schools. They allege that defendants have been and are using federal funds for these purposes in administering Titles I and II of the Elementary and Secondary Education Act of...

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