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HADDON TP. BD. OF ED. v. NEW JERSEY DEPT. OF ED.

Civ. A. No. 78-2193.

476 F.Supp. 681 (1979)

HADDON TOWNSHIP BOARD OF EDUCATION, Audubon Board of Education, Riverton Board of Education, Plaintiffs, v. NEW JERSEY DEPARTMENT OF EDUCATION, United States Department of Agriculture, Fred G. Burke, Commissioner of Education of the State of New Jersey and his successors in office, and Robert Bergland, Secretary of the United States Department of Agriculture and his successors in office, Defendants.

United States District Court, D. New Jersey.

July 18, 1979.

Attorney(s) appearing for the Case

Steven A. Pardes, Sim, Sinn, Gunning & Fitzsimmons, P. A., Brick Town, N.J., for plaintiffs.

John J. Degnan, Atty. Gen., by Susan P. Gifis, Mark Schorr, Alfred E. Ramey, Jr., Deputy Attys. Gen., for defendants Fred G. Burke and New Jersey Dept. of Ed.

Robert J. Del Tufo, U.S. Atty., by Mary Catherine Cuff, Asst. U.S. Atty., Trenton, N.J., for defendants Robert Bergland and U.S. Dept. of Agriculture.

OPINION

BROTMAN, District Judge.

This is an action by three local school boards to compel the United States Department of Agriculture and the New Jersey Department of Education to reimburse their schools under the National School Lunch Act for nutritionally adequate lunches provided by the schools but consumed by the students at their homes. Defendants contend they cannot subsidize the schools because the Act allows reimbursement only for lunches consumed...

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