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COMMITTEE FOR PUB. ED. & RELIGIOUS LIBERTY v. LEVITT

No. 74 Civ. 2648.

414 F.Supp. 1174 (1976)

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 Horace Mann-Barnard School et al., Intervenor-Defendants.

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

June 21, 1976.

Attorney(s) appearing for the Case

Leo Pfeffer, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Albany, N. Y., for defendants; Ruth Kessler Toch, Sol. Gen., Jean M. Coon, Asst. Sol. Gen., Albany, of counsel.

Davis Polk & Wardwell, New York City, for intervenor-defendants; Richard E. Nolan, Alfred E. Schretter, Thomas J. Aquilino, Jr., New York City, of counsel.

Before MANSFIELD, Circuit Judge, and LASKER and WARD, District Judges.

ROBERT J. WARD, District Judge.

This case requires us to determine whether Chapter 507, as amended by Chapter 508, of the 1974 Laws of New York ("the statute"), which provides for reimbursement to private schools of expenses allocable to the performance of certain state "mandated" pupil testing and record keeping, is offensive to the Establishment Clause of the First Amendment.

Plaintiffs, who commenced this action less than one month after the statute was...

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