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CATHOLIC HIGH SCH. ASS'N OF ARCHDIOCESE v. CULVERT

No. 82 Civ. 396 (MEL).

573 F.Supp. 1550 (1983)

CATHOLIC HIGH SCHOOL ASSOCIATION OF the ARCHDIOCESE OF NEW YORK, Plaintiff, v. Edward R. CULVERT, Individually, and in his capacity as Chairman of the New York State Labor Relations Board, and the New York State Labor Relations Board, an Agency of the Department of Labor of the State of New York, Defendants, and Lay Faculty Association, Intervenor-Defendant.

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

November 8, 1983.

Attorney(s) appearing for the Case

Clifton, Budd, Burke & DeMaria, New York City, for plaintiff; Edward J. Burke, Robert A. Wiesen, Richard K. Muser, New York City, of counsel.

Robert Abrams, Atty. Gen., State of N.Y., New York City, for defendants; Evelyn Tenenbaum, Asst. Atty. Gen., New York City, of counsel.

Suozzi, English & Cianciulli, P.C., Mineola, N.Y., for intervenor-defendant; Robert M. Archer, Stephen C. Glasser, Leonard J. Shore, Mineola, N.Y., of counsel.

LASKER, District Judge.

This case poses the question whether the New York State Labor Board ("SLRB") may oversee labor relations involving parochial schools and lay teachers without violating the constitutional guarantees of religious freedom.1 Both defendants and plaintiff move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff's summary judgment motion is granted and defendants' cross-motion is...

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