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ASHER v. HARRINGTON

No. 70-C-309.

318 F.Supp. 82 (1970)

James P. ASHER, Michael O. Bohren, Mary Claire Davies, Thomas R. Higdon, Roger Hlavek, George F. Kopecky, Jr., Thomas La Porte, Ronald Ranieri and Kristin S. Smith, on behalf of themselves and all others similarly situated, Plaintiffs, v. Fred Harvey HARRINGTON, J. Martin Klotsche, H. Edwin Young, and the Regents of the University of Wisconsin, Defendants.

United States District Court, E. D. Wisconsin.

October 12, 1970.

Attorney(s) appearing for the Case

Davis, Kuelthau, Vergeront & Stover, John P. Savage, Milwaukee, Wis., for plaintiffs.

Stafford, Rosenbaum, Rieser & Hansen, Ralph W. Bushnell, Madison, Wis., for defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendants have moved to dismiss the complaint, urging that the court has no jurisdiction and that the complaint fails to state a cause of action. In their brief, the plaintiffs summarize their own complaint as charging the defendants with "failure to reasonably maintain the University in operation for the benefit of the majority of students".

The plaintiffs are students at the university; the...

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