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WINSEY v. PACE COLLEGE

No. 74 Civ. 2573.

394 F.Supp. 1324 (1975)

Valentine R. WINSEY, Plaintiff, v. PACE COLLEGE and Jack S. Schiff, Individually and in his capacity as Agent for Pace College, Defendants.

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

May 6, 1975.

Attorney(s) appearing for the Case

Vladeck, Elias, Vladeck & Lewis, New York City, for plaintiff; Judith P. Vladeck, Deborah A. Watarz, of counsel.

Simpson, Thacher & Bartlett, New York City, for defendants; Albert X. Bader, Jr., Martin H. Zuckerman, Harold S. Parsons-Lewis, of counsel.

MEMORANDUM

TENNEY, District Judge.

Defendants, Pace College ("Pace") and Jack S. Schiff ("Schiff"), move pursuant to Rules 12(b)(1), 12(b)(6), and 56 of the Federal Rules of Civil Procedure for an order dismissing the complaint for lack of subject matter jurisdiction or for failure to state a claim upon which relief can be granted or, in the alternative, granting summary judgment in favor of defendants. For the reasons set forth below, the motion is granted...

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