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ROSS v. DISARE

No. 74 Civ. 5047 (JMC).

500 F.Supp. 928 (1977)

Paulette ROSS, Individually and on behalf of her minor daughter, Charise Ross, Lenton Warren, Individually and on behalf of his minor sons, Marvin Warren and Bobby Warren, Angelia Clarke, John Ponder and Margo Cooper, each on his own behalf and on behalf of all others similarly situated, Plaintiffs, v. Charles DISARE, Individually and in his capacity as Superintendent of City School District of the City of Newburgh, Murray L. Cohen, Individually and in his capacity as Chairman of the School Board of the City School District of the City of Newburgh, The School Board of the City School District of the City of Newburgh, John Suydam, Individually and in his capacity as Principal of North Junior High School of the City School District of the City of Newburgh, and Peter Dubaldi, Individually and in his capacity as Vice-Principal of North Junior High School of the City School District of the City of Newburgh, Defendants.

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

June 8, 1977.

Attorney(s) appearing for the Case

Mid-Hudson Legal Services, Inc., Poughkeepsie, N. Y. (Laura Zeisel, Newburgh, N. Y., of counsel), Steven Goode and Richard B. Sobol, Washington, D. C., for plaintiffs.

Demov, Morris, Levin & Shein, New York City (Robert S. Ordman and Joel J. Spector, New York City, of counsel), for defendants.

OPINION AND ORDER

CANNELLA, District Judge:

Plaintiffs' motion, for a preliminary injunction, is granted in accordance with the opinion below. Before proceeding to a discussion of the preliminary injunction motion, however, there are a number of other matters pending before the Court which must be resolved.

Defendants' motion, to dismiss the complaint as to plaintiffs Harvey J. Burger and the Newburgh Chapter of the N.A.A.C.P., is granted, on the...

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