Legal Opinion

New York State Ass'n for Retarded Children, Inc. v. Carey

District Court, E.D. New York

Decided February 28, 1979No. Nos. 72-C-356, 72-C-357 and 72-C-2039PublishedCited by 14 opinions

1Opinion of the Court

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 sequel to the Memorandum Decision and Order of this Court dated September 14, 1978, wherein this Court enjoined the Board, Chancellor of the Board, Frank J.…

2Cases cited34 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  3. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  4. General Electric Co. v. GilbertSupreme Court of the United States · 1976
  5. National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944

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3Cited by14 opinions

  1. Tennessee v. LaneSupreme Court of the United States · 2004
  2. Toledo v. Sanchez-RiveraCourt of Appeals for the First Circuit · 2006
  3. Jose P. v. AmbachCourt of Appeals for the Second Circuit · 1982
  4. Ass'n for Disabled Americans, Inc. v. Florida International UniversityCourt of Appeals for the Eleventh Circuit · 2005
  5. Medley v. GinsbergDistrict Court, S.D. West Virginia · 1980

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