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COLEMAN v. WAGNER COLLEGE

No. 858, Docket 34869.

429 F.2d 1120 (1970)

Barbara COLEMAN, by her parent Annie Mae Coleman, et al., Appellants, v. WAGNER COLLEGE, Arthur Ole Davidson, individually and as President of Wagner College, Harold Haas, individually and as Dean of the College of Wagner College, and William E. Maher, individually and as Dean of Students of Wagner College, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 22, 1970.

Attorney(s) appearing for the Case

Jonathan Shapiro, New York City (Margaret Burnham and Jack Greenberg, New York City, on the brief), for appellants.

Michael J. Saltser, New York City (Robert S. Bernstein, Martin L. Edelman, Edward L. Peck and Battle, Fowler, Stokes & Kheel, New York City, on the brief), for appellees.

Before FRIENDLY and KAUFMAN, Circuit Judges, and McLEAN, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

This case presents an interesting variation on the familiar theme of state action. A not uncommon method of establishing the presence of state action is to show that a private organization has undertaken to perform functions peculiarly "public" in nature and traditionally entrusted to the state. When a state acquiesces in the governing of a town by a private company or permits a political party to control a primary election, it may...

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