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JOHNSON v. SANDERS

Civ. A. No. 13432.

319 F.Supp. 421 (1970)

Rita JOHNSON et al., Plaintiffs, v. William J. SANDERS, Secretary of the State Board of Education of the State of Connecticut, et al., Defendants.

United States District Court, D. Connecticut.

October 15, 1970.

Attorney(s) appearing for the Case

John Q. Tilson, Wiggin & Dana, New Haven, Conn., for Conn. Assoc. of Independent Schools.

Jeffrey Mines, Hartford, Conn., Richard Belford, New Haven, Conn., of counsel, for plaintiff Jewish Community Relations Council.

Peter L. Costas, Paul W. Orth, Hartford, Conn., for Americans United for Separation of Church & State; Leo Pfeffer, New York City, John A. Berman, Hartford, Conn., of counsel.

Robert K. Killian, Atty. Gen., F. Michael Ahern, Asst. Atty. Gen., Hartford, Conn., for William J. Sanders, et al.

Joseph P. Cooney, Cooney & Scully, Hartford, Conn., Joseph G. Skelly, William B. Ball, Ball & Skelly, Harrisburg, Pa., for intervenors James Buckley, et al.

Before ANDERSON, Circuit Judge, and BLUMENFELD and CLARIE, District Judges.

MEMORANDUM OF DECISION

ANDERSON, Circuit Judge:

This is an action seeking a declaration that Connecticut's Public Act 791, C.G.S. § 10-281a to § 10-281v (1969), designated the "Nonpublic School Secular Education Act," violates the First and Fourteenth Amendments to the United States Constitution, and also seeking to enjoin the defendant State officials from allocating or expending funds under this statute. Jurisdiction is based on 28 U.S.C. §...

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