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INTERBORO INSTITUTE, INC. v. MAURER

No. 96-CV-1955.

956 F.Supp. 188 (1997)

INTERBORO INSTITUTE, INC., Plaintiff, v. Robert J. MAURER, Individually and as President of Higher Education Services Corp.; H. Carl McCall, Individually and as Comptroller of the State of New York; Robert Attmore, Individually and as Deputy Comptroller of the State of New York; Richard P. Mills, Individually and as Commissioner of Education of the State of New York; Jeanine Grinage, Individually and as Deputy Commissioner for Higher and Professional Education of the New York State Department of Education; and Donald J. Nolan, Individually and as Former Commissioner for Higher and Professional Education of the New York State Department of Education, Defendants.

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

February 18, 1997.

Attorney(s) appearing for the Case

Kraver & Levy, L.L.P., New York City (David M. Levy, of counsel), for plaintiff.

Dennis C. Vacco, Attorney General for the State of New York, Albany, NY (Judith A. Avent, Asst. Atty. Gen., of counsel), for defendants.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND AND FACTS

Before the Court today are the motion of the plaintiff, Interboro Institute, Inc., for a temporary restraining order and preliminary injunction, and the motion of the defendants, individual officers with responsibilities in the New York State Comptroller's Office, Department of Education, and Higher Education Services Corporation, to dismiss the Complaint pursuant to Fed...

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