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COMMITTEE FOR PUBLIC EDUCATION & RELIG. LIB. v. LEVITT

No. 70 Civ. 3251.

342 F.Supp. 439 (1972)

COMMITTEE FOR PUBLIC EDUCATION AND RELIGIOUS LIBERTY et al., Plaintiffs, v. Arthur LEVITT, as Comptroller of the State of New York, and Ewald B. Nyquist, as Commissioner of Education of the State of New York, Defendants, and Cathedral Academy, Albany, New York, et al., Intervenor-Defendants.

United States District Court, S. D. New York.

April 27, 1972.

Attorney(s) appearing for the Case

Leo Pfeffer, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of N. Y., Albany, for defendants Levitt and Nyquist; Ruth Kessler Toch, Sol. Gen., and Jean M. Coon, Asst. Sol. Gen., of counsel.

Davis, Polk & Wardwell, New York City, for intervenor-defendants Cathedral Academy, St. Ambrose School, and Bishop Loughlin Memorial High School; Porter R. Chandler, Richard E. Nolan and James W. B. Benkard, New York City, of counsel.

Julius Berman and Marcel Weber, New York City, for intervenor-defendants Bais Yaakov Academy for Girls and Yeshivah Rambam.

LASKER, District Judge.

We are called upon to determine the constitutionality of Chapter 138 of New York State's laws of 1970, which appropriates $28,000,000 to be paid to nonpublic schools for expenses incurred in complying with requirements of state law of which the principal are the testing of pupils and maintenance of attendance and health records.1

In 1970 there were 850,000 students...

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