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MOORE v. KIBBEE

No. 74 C 1011.

385 F.Supp. 765 (1974)

Steven MOORE, Plaintiff, v. Robert KIBBEE, Chancellor of the Board of Higher Education of the City of New York, Individually and in his official capacity, et al., Defendants.

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

November 19, 1974.

Attorney(s) appearing for the Case

Evelyn A. Williams, New York City, for plaintiff.

Adrian P. Burke, Corp. Counsel, by Donald Nussbaum, New York City, for defendants.

Memorandum and Order

PLATT, District Judge.

Following this Court's Order dated September 11, 1974, denying plaintiff's motion for a preliminary injunction (381 F.Supp. 834), defendants have moved to dismiss plaintiff's complaint herein pursuant to F.R.Civ.P. Rule 12 (b)(6) on the ground that it fails to state a claim upon which relief can be granted.

In view of the fact that on the above-cited preliminary...

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