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SELZER v. FLEISHER

No. 1030, Docket 79-7776.

629 F.2d 809 (1980)

Michael I. SELZER, Plaintiff-Appellee, v. Martin FLEISHER, David W. Abbott, Nathan 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 D'Angelo, Gurstin D. Goldin, Albert V. Maniscalco, David Valinsky, Emanuel R. Piore, Joan B. Maynard, Joaquin Rivera and Edward A. Roberts, Members of the Board of Higher Education of the City of New York, and Robert J. Kibbee, Chancellor of the City University of New York, Defendants; Morton Berkowitz, Michael Kahan, Philippa Strum, Herbert Weiss, Ellen FreyWouters, Robert Engler and The Board of Higher Education of the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 6, 1980.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, New York City, New York (Walter L. Stratton, G. Russell Miller, E. Lauren Holmes, New York City, of counsel), for plaintiff-appellee.

Allen G. Schwartz, Corp. Counsel, New York City (L. Kevin Sheridan, Diane R. Eisner, Richard Bowers, Patrick F. X. Mulhearn, Peter J. Kurshan, New York City, of counsel), for defendants-appellants.

Before KAUFMAN and TIMBERS, Circuit Judges, and LASKER, District Judge.

LASKER, District Judge.

I.

During the fall of 1977, Michael Selzer, then a political science professor at Brooklyn College, was denied tenure and promotion. He brought this action against various individuals and the New York City Board of Higher Education, alleging that the defendants acted to cause the denial because of his contacts with the United States Central Intelligence Agency (CIA) in violation of his First Amendment rights of freedom of expression...

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