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POWE v. MILES

Civ. No. 1968-268.

294 F.Supp. 1269 (1968)

Emile POWE, Eileen Hickey, Mark Rosenthal, Ellen Winters, Lynn Felsher, Glenca Smith, Deborah Kaplan, Plaintiffs, v. Leland MILES, as President of Alfred University, and Alfred University, Defendants.

United States District Court W. D. New York.

September 25, 1968.

Attorney(s) appearing for the Case

Neil Fabricant, New York City, David G. Jay, and Jacob D. Hyman, Buffalo, N. Y., (on the brief) for plaintiffs.

C. Everett Shults, Hornell, N. Y., and Nixon, Hargrave, Devans & Doyle, Rochester, N. Y. (John B. McCrory, Rochestre, N. Y., Trial Counsel), for defendants.

CURTIN, District Judge.

The plaintiffs, all students who are presently under a one-semester suspension from Alfred University, commenced this action pursuant to the Civil Rights Act (42 U.S.C. § 1983; 28 U.S.C. § 1343) on August 28, 1968, asking the following relief: (1) an injunction compelling Alfred University to reinstate them as students for this fall semester; (2) an injunction restraining Alfred from imposing penalties upon students for exercising...

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