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MISS GREATER NEW YORK CITY v. MISS NEW YORK STATE

No. 81 Civ. 2912 (KTD).

526 F.Supp. 806 (1981)

MISS GREATER NEW YORK CITY SCHOLARSHIP PAGEANT, West Side Community Alliance, incorporated, Dorothy Pitman Hughes, individually, Plaintiffs, v. MISS NEW YORK STATE SCHOLARSHIP PAGEANT, individually, Robert W. Brooks, as corporate officer, Miss America Pageant, nationally, Defendants.

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

October 5, 1981.

Attorney(s) appearing for the Case

Vernita Nuey, New York City, for plaintiffs.

Kliegman Israel & Cooper, New York City, for defendants Miss New York State Scholarship Pageant, Inc. and Robert W. Brooks; Andrew R. Cooper, New York City, of counsel.

Davis & Gilbert, New York City, for defendant Miss America Pageant, Inc.; Howard J. Rubin, New York City, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

The defendants Miss America Pageant, Miss New York State Scholarship Pageant and Robert Brooks have moved pursuant to Fed.R.Civ.P. 12 to dismiss the complaint herein for failure to state a claim and alternatively for summary judgment under Fed. R.Civ.P. 56.

The Parties

A. Defendants

Miss America Pageant, Inc. [hereinafter referred to as "MAP"] is a New Jersey...

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