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GRIER v. BOWKER

No. 70 Civ. 2358.

327 F.Supp. 892 (1971)

Emma GRIER et al., Plaintiffs, v. Albert H. BOWKER, individually and as Chancellor of the City University of New York, et al., Defendants.

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

May 28, 1971.

Attorney(s) appearing for the Case

John Dewitt Gregory, Community Action for Legal Services, New York City, for plaintiffs, Lawrence J. Fox, John C. Gray, Jr., New York City, David Rudenstine, of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendants Chancellor of City University of N. Y. and New York City Bd. of Higher Education, Victor P. Muskin, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for defendants Board of Trustees of State University of N. Y. and Comptroller of State of N. Y., Amy Juviler, Asst. Atty. Gen., of counsel.

MEMORANDUM

BONSAL, District Judge.

Plaintiffs move (1) for summary judgment, pursuant to Rule 56, F.R.Civ.P.; (2) for a determination that this action may be maintained as a class action, pursuant to Rule 23, F.R.Civ.P.; and (3) for an order permitting intervention of two intervenor-plaintiffs, pursuant to Rules 23 and 24, F.R.Civ.P. Defendants move for an order dismissing plaintiffs' amended complaint, pursuant to Rule 12(b), F.R.Civ.P.

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