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MATTER OF EGAN v. MOORE

36 Misc.2d 967 (1962)

In the Matter of William W. Egan, Petitioner, v. Frank C. Moore et al., as Trustees of the State University of the State of New York, Respondents.

Supreme Court, Albany County.

December 18, 1962

Attorney(s) appearing for the Case

Pennock & Roberts (John H. Pennock of counsel), for petitioner. John C. Crary, Jr., for respondents.

RUSSELL G. HUNT, J.

This proceeding was commenced pursuant to article 78 of the Civil Practice Act to require the respondent trustees to withhold the use of publicly owned and supported educational facilities of the State University at Buffalo from an avowed member of the Communist party (and so known to the trustees, it was admitted in the answer and upon the argument herein), in accordance with their statement...

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