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GRAFTON v. BROOKLYN LAW SCHOOL

No. 799, Docket 73-1098.

478 F.2d 1137 (1973)

Samuel GRAFTON and Lyle Silversmith, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. BROOKLYN LAW SCHOOL et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 24, 1973.

Attorney(s) appearing for the Case

Eric M. Lieberman, New York City (Victor Rabinowitz, Dorian Bowman, and Rabinowitz, Boudin & Standard, New York City, [for National Emergency Civil Liberties Committee], of counsel), for plaintiffs-appellants.

Denis McInerney, New York City (Henry G. Bisgaier, Frank W. Krough, and Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, of counsel), for defendants-appellees.

Before FRIENDLY, Chief Judge, HAYS, Circuit Judge, and JAMESON, District Judge.

FRIENDLY, Chief Judge:

This appeal is from an order of the District Court for the Eastern District of New York dismissing for want of jurisdiction a civil rights suit brought by two students expelled from Brooklyn Law School, a private non-profit institution, for scholastic deficiency, on the ground that the Law School was not engaged in state action. It raises, as did Powe v. Miles, 407 F.2d 73 (2 Cir. 1968) and Coleman v. Wagner...

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