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Abstract

Plaintiff taxpayers instituted proceedings to restrain defendant board of education from complying with a statute which required defendant board of education to expend public funds for the purpose of transporting pupils to and from a parochial school. Held, that the statute was invalid as violative of the provision of the state constitution which prohibited the use of any public money "directly or indirectly" in aid of any sectarian school, and plaintiffs were entitled to judgment upon the pleadings; three judges dissented. Judd v. Board of Education of Union Free School Dist. No. 2, 278 N. Y. 200, 15 N. E. (2d) 576 (1938).

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