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PRESTOPNIK v. WHELAN

No. 02-CV-1130.

253 F.Supp.2d 369 (2003)

Jan S. PRESTOPNIK, Plaintiff, v. John WHELAN, both individually and as Superintendent of the Greater Johnstown School District, James Hillier, both Individually, and as President of the Greater Johnstown School District, and the Greater Johnstown School District, Defendants.

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

March 26, 2003.

Attorney(s) appearing for the Case

Elmer R. Keach, III, Albany, NY, for Plaintiff.

Girvin & Ferlazzo, P.C., Albany, NY (Patrick J. Fitzgerald, of Counsel), for defendants.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Jan Prestopnik commenced the instant litigation pursuant to 42 U.S.C. § 1983 arising out of defendants' alleged refusal to permit her attorney to speak at a Board of Education meeting. Defendants move to dismiss pursuant to Fed. R.Civ.P. 12(b)(6). Plaintiff cross-moves for partial summary judgment pursuant to Fed.R.Civ.P. 56. Oral argument...

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