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McCORMICK v. HIRSCH

Civ. A. No. 78-968.

460 F.Supp. 1337 (1978)

Most Rev. J. Carroll McCORMICK, Bishop, Catholic Diocese of Scranton, Plaintiff, v. Peter W. HIRSCH, Regional Director For the Fourth Region, National Labor Relations Board, Defendant, and Bishop Hoban Education Association, of the Pennsylvania State Education Association and the National Education Association, Defendant Intervenor.

United States District Court, M. D. Pennsylvania.

November 3, 1978.

Attorney(s) appearing for the Case

William B. Ball, Joseph G. Skelly, Philip J. Murren, Ball & Skelly, Harrisburg, Pa., for plaintiff.

Margery E. Lieber, Deputy Asst. Gen. Counsel for Sp. Litigation, Kathy L. Krieger, Washington, D. C., Leonard Leventhal, Regional Atty., Dorothy L. Moore, Wm. J. Green, Jr., Philadelphia, Pa., for Peter W. Hirsch.

Catherine C. O'Toole, Harrisburg, Pa., for intervenor.

MEMORANDUM

HERMAN, District Judge.

I. INTRODUCTION

This case raises the important First Amendment question of where the wall between church and state should be placed with respect to a non-public Catholic Church School and the National Labor Relations Board. The underlying constitutional issue is whether the National Labor Relations Board has jurisdiction over Roman Catholic schools that employ lay...

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