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BLANTON v. STATE UNIVERSITY OF NEW YORK

Nos. 19, 20, Dockets 73-1088, 73-1259.

489 F.2d 377 (1973)

Sheila BLANTON et al., Plaintiffs-Appellants, v. STATE UNIVERSITY OF NEW YORK et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 19, 1973.

Attorney(s) appearing for the Case

David C. Leven, Rochester, N. Y. (Michael J. Nelson, Joseph B. Stulberg, Marcia Boyd, and Monroe County Legal Assistance Corp., Rochester, N. Y., of counsel), for plaintiffs-appellants.

Grace K. Banoff, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Ruth Kessler Toch, Sol. Gen., Albany, N. Y., of counsel), for defendants-appellees.

Before FRIENDLY, ANDERSON and MULLIGAN, Circuit Judges.

FRIENDLY, Circuit Judge:

In this action under the Civil Rights Act, 42 U.S.C. § 1983, and its jurisdictional implementation, 28 U.S.C. § 1343(3), five students who had been suspended for a semester from the College of Arts and Science at Geneseo, a part of the State University of New York, sued the University and Robert W. MacVittie, President of the College, for damages and an injunction. The District Court for the Western District of New York granted defendants...

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