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POWE v. MILES

No. 217, Docket 32833.

407 F.2d 73 (1968)

Emile POWE, Eileen Hickey, Mark Rosenthal, Ellen Winters, Lynn Felsher, Glenca Smith, Deborah Kaplan, Plaintiffs-Appellants, v. Leland MILES, as President of Alfred University, and Alfred University, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 23, 1968.

Attorney(s) appearing for the Case

Joshua N. Koplovitz and Koplovitz & Fabricant, New York City (Jacob D. Hyman, David G. Jay, Buffalo, N. Y., of counsel), for plaintiffs-appellants.

John B. McCrory, Rochester, N. Y., Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., C. Everett Shults, Hornell, N. Y., for defendants-respondents.

Before MEDINA, FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal from the dismissal of a complaint under the Civil Rights Act, 42 U.S.C. § 1983, by students at Alfred University, some of them in the New York State College of Ceramics, demands analysis of the elusive concept of "state action," recently characterized as "the most important problem in American law." Black, "State Action," Equal Protection, and California's Proposition 14, 81 Harv.L.Rev. 69 (1967). It requires us to consider...

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