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NEW YORK STATE ASS'N, ETC. v. CAREY

Nos. 72-C-356, 72-C-357 and 72-C-2039.

466 F.Supp. 487 (1979)

NEW YORK STATE ASSOCIATION FOR RETARDED CHILDREN, INC., et al., and Patricia Parisi et al., Plaintiffs, v. Hugh L. CAREY, Individually and as Governor of the State of New York, et al., Defendants, United States of America, Amicus Curiae. Thomas A. COUGHLIN III, Individually, and as Commissioner of the Office of Mental Retardation and Developmental Disabilities, Third-Party Plaintiff, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, Frank J. Macchiarola and Charles I. Schonhaut, Third-Party Defendants. Christine WEST, on behalf of her son Mark West, a minor, Individually and on behalf of all others similarly situated, Plaintiffs, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, Frank J. Macchiarola, et al., Defendants.

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

February 28, 1979.

Attorney(s) appearing for the Case

New York Civil Liberties Union, Mental Health Law Project, New York City, Christopher A. Hansen, New York City, of counsel, Kalman E. Finkel, Legal Aid Soc., Civil Appeals & Law Reform Unit, New York City, Carol Kellermann, New York City, of counsel, for plaintiffs.

LeBoeuf, Lamb, Leiby & MacRae, New York City, Taylor R. Briggs, New York City, of counsel, for defendants.

Allen G. Schwartz, Corp. Counsel of the City of New York, New York City, Robert S. Deutsch, New York City, Mary C. Tucker, Brooklyn, N. Y., of counsel, George Shebitz, New York City, Bd. of Ed. Legal Dept., for third-party defendants.

U. S. Dept. of Justice, Civil Rights Division, Washington, D. C., Lucy L. Thomson, Washington, D. C., of counsel, for amicus curiae.

BARTELS, District Judge.

This is a motion pursuant to Federal Rule of Civil Procedure 57 by the New York City Board of Education ("the Board"), third-party defendant in this consolidated action, for a declaratory judgment establishing the validity of its proposed plan for segregating within the public schools certain mentally retarded children who are epidemiologically classified as carriers of hepatitis B virus.1 This application is a...

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