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RODRIGUEZ v. PERCELL

No. 74 Civ. 1430.

391 F.Supp. 38 (1975)

Jose Luis RODRIGUEZ and Elba Montalvo, Plaintiffs, v. Henrietta B. PERCELL, Individually and in her official capacity as Executive Assistant to the Chancellor of the New York City School District, et al., Defendants.

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

March 14, 1975.

Attorney(s) appearing for the Case

Puerto Rican Legal Defense & Education Fund, Inc., New York City, for plaintiffs; M. D. Taracido, Herbert Teitelbaum, Richard J. Hiller, Kenneth Kimerling, New York City, of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendants; James J. Greilsheimer, Doron Gopstein, Michael S. Cecere, New York City, of counsel.

OPINION

FRANKEL, District Judge.

This case arises from an abuse of official power incident to the litigation concerning bilingual education entitled Aspira of New York, Inc. v. Board of Education of City of New York, D.C., 72 Civ. 4002. The latter controversy, though not altogether concluded, was brought to the point of a seemingly constructive consent decree on August 29, 1974. In this case, having ended (under a court order) a blatant violation of first...

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