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PROCARIO v. AMBACH

No. 78 Civ. 5226 (GLG).

466 F.Supp. 452 (1979)

Dr. Rudolph F. PROCARIO, Dr. Frederic Haberman, Dr. Marvin L. Ebert, and Dr. Martin S. Watsky, Plaintiffs, v. Gordon M. AMBACH, Individually and as Commissioner of Education of the New York State Education Department, Theodore M. Black, Willard A. Genrich, Kenneth B. Clark, Harold E. Newcomb, Emlyn I. Griffith, Mary Alice Kendall, Jorge L. Batista, Louis E. Yavner, Laura Bradley Chodos, Martin C. Barell, Joseph R. Bongiorno, M.D., Louise P. Matteoni, J. Edward Meyer, Arlene B. Reed-Delaney, M.D., R. Carlos Carballada, Individually and as members of the Board of Regents of the University of the State of New York, and Thaddeus J. Murawski, M.D., Individually and as the Executive Secretary of the Board for Professional Medical Conduct of the New York State Department of Health, John F. Roach, M.D., Individually and as Executive Secretary of the New York State Board for Medicine, Defendants.

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

March 13, 1979.

Attorney(s) appearing for the Case

Frederic A. Johnson, New York City, for plaintiffs.

Robert Abrams, Atty. Gen., New York City by Eileen F. Shapiro, Asst. Atty. Gen., New York City, of counsel, for defendants.

MEMORANDUM OPINION

GOETTEL, District Judge:

The defendants have moved under 28 U.S.C. § 1406(a) to dismiss or to transfer this action on the ground that venue does not lie in the Southern District of New York. They have alternatively moved for transfer under 28 U.S.C. § 1404(a).1

This is a purported civil rights action, brought under 42 U.S.C. §§ 1981,...

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