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SWAN v. BOARD OF HIGHER EDUCATION OF CITY OF NEW YORK

No. 280, Docket 27996.

319 F.2d 56 (1963)

Donald A. SWAN, Plaintiff-Appellant, v. BOARD OF HIGHER EDUCATION OF the CITY OF NEW YORK by Gustave G. ROSENBERG, its Chairman, George A. Pierson, and Margaret V. Kiely, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 4, 1963.

Attorney(s) appearing for the Case

Alfred Avins, Chicago, Ill., for plaintiff-appellant.

Eugene M. Kaufman, New York City (Leo A. Larkin, Corp. Counsel, New York City, on the brief), for defendants-appellees.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

This is an appeal by Donald A. Swan, plaintiff below, from three separate, unreported orders of the United States District Court for the Southern District of New York. The first two orders, entered by Judge Metzner, dismissed plaintiff's original complaint on the ground that the action was barred by the statute of limitations (September 10, 1962) and announced adherence to that determination upon reargument (December 6, 1962). The third order...

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