Majority
p. 578Homer C. Gardner, Appellant, v. John J. Ginther et al., Comprising the Board of Education of Central School District No. 1 of the Towns of Sweden, Ogden, Parma and Clarkson, Monroe County, and Clarendon and Murray, Orleans County, Respondents. (Argued October 16, 1931; decided October 23, 1931.)
p. 579
Leon A. Plumb and William MacFarlane for appellant.
James Mann for respondents.
John J. Bennett, Jr., Attorney-General (Henry Epstein and Harold Greenstein of counsel), for the State of New York.
Ernest E. Cole and Irwin Esmond for the Commissioner of Education of the State of New York, amicus curiae.
Judgment affirmed, with costs; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.