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WEISS v. WALSH

No. 70 Civ. 4763.

324 F.Supp. 75 (1971)

Paul WEISS, Plaintiff, v. Reverend Michael WALSH, S.J., in his capacity as President of Fordham University; Paul J. Reiss, in his capacity as Vice-President for Academic Affairs of Fordham University; Robert Roth, S.J., in his capacity as Chairman of the Department of Philosophy of Fordham University; Ewald B. Nyquist, in his capacity as Commissioner of Education of the State of New York, Defendants.

United States District Court, S. D. New York.

February 24, 1971.

Attorney(s) appearing for the Case

Jonathan A. Weiss, New York City, for plaintiff.

Royall, Koegel & Wells, New York City, by Caesar L. Pitassy, Joseph H. Spain, Edward R. Leydon, New York City, for defendants Michael Walsh, Paul J. Reiss and Robert Roth.

Louis J. Lefkowitz, Atty. Gen. of N. Y., by Joel Lewittes, Asst. Atty. Gen., for defendant Ewald B. Nyquist.

Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, by Morris B. Abram, New York City, for the amici curiae, National Retired Teachers Ass'n, Inc. and American Ass'n of Retired Persons.

OPINION

TYLER, District Judge.

Plaintiff, a metaphysician of reknown, alleges that Fordham University offered him the Albert Schweitzer Chair in Humanities only to withdraw the alleged offer on the sole ground that he had passed his sixty-fifth year. Seeking both injunctive and monetary relief, his five-part complaint asserts that the alleged conduct violates: (1) the First, Fifth, and Fourteenth Amendments of the United States Constitution and Article 1...

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