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SELZER v. BERKOWITZ

No. 77C 1897.

459 F.Supp. 347 (1978)

Michael I. SELZER, Plaintiff, v. Morton BERKOWITZ, Phillipa Strum, Ellen Frey-Wouters, Martin Fleisher, Michael Kahan, Herbert Weiss, Robert Engler, David W. Abbott, Robert Curvin, Mathan Schmukler, Donald R. Reich, John W. Kneller, and Harold M. Jacobs, Chairman, and Edith B. Everett, Ronald T. Gault, Jack John Olivero, David Z. Robinson, Patricia Carry Stewart, Loretta A. Conway, Walter H. Crowley, Armand E'Angelo, Gurstin D. Goldin, Alpert V. Maniscalco, David Valinsky, Emanual R. Piore, Joan B. Maynard, Joaquin Rivera and Edward A. Roberts, Members of the Board of Higher Education of the City of New York, the Board of Higher Education of the City of New York, and Robert J. Kibbee, Chancellor of City University of New York, Defendants.

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

October 27, 1978.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, New York City (Walter L. Stratton, G. Russell Miller and Richard H. Rubin, New York City, of counsel), for plaintiff.

Allen G. Schwartz, Corp. Counsel, City of New York, New York City (Edward J. Schwarz, Patrick F. X. Mulhearn and Frances Loren, Sp. Asst. Corp. Counsels, New York City, of counsel), for defendants.

OPINION and ORDER

THOMAS C. PLATT, District Judge.

Plaintiff has brought an action for declaratory injunction and monetary relief pursuant to the First and Fourteenth Amendments, 42 U.S.C. §§ 1983, 1985(3) and 1986, and Article 1, §§ 8, 9 and 11 of the Constitution of the State of New York. Plaintiff alleges that, in not recommending him for tenure at Brooklyn College, defendants deprived him of his rights, privileges and immunities....

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