NATIONAL COALITION FOR PUBLIC ED. v. HARRIS

76 Civ. 888 (CHT).

489 F.Supp. 1248 (1980)

NATIONAL COALITION FOR PUBLIC EDUCATION AND RELIGIOUS LIBERTY et al., Plaintiffs, v. Patricia R. HARRIS, Secretary of the United States Department of Health, Education and Welfare, et al., Defendants, and James and Bessie Bovis et al., and Philip and Ida Fenster et al., Intervenors-Defendants.

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

April 18, 1980.


Attorney(s) appearing for the Case

Leo Pfeffer, New York City, for plaintiffs.

William M. Tendy, U. S. Atty., S.D.N.Y., by Michael H. Dolinger, Asst. U. S. Atty., New York City, for defendants Harris and Boyer.

Allen G. Schwartz, Corp. Counsel of City of New York by Lorna Bade Goodman, New York City, Mary Tucker, Brooklyn, N. Y., for defendant Chancellor of the Board of Education of the City of New York.

Williams & Connolly, by Edward Bennett Williams, Charles H. Wilson, Kevin T. Baine, Stephen L. Urbanczyk, Washington, D. C., for intervenors-defendants Bovis et al.

National Jewish Commission on Law and Public Affairs, by Dennis Rapps, New York City, for intervenors-defendants Fenster et al.

Before VAN GRAAFEILAND, Circuit Judge, and TENNEY and VINCENT L. BRODERICK, District Judges.


OPINION

TENNEY, District Judge.

The constitutional prohibition against government aid to parochial schools1 has provoked considerable litigation resulting in an array of not entirely harmonious judicial decisions.2 This Establishment Clause challenge to Title I of the Elementary and Secondary Education Act of 1965, 79 Stat. 27, as amended, 20 U.S.C. §§ 2701 et seq. ("Title I"), was...

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