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PORDUM v. BOARD OF REGENTS OF STATE OF NEW YORK

No. 279, Docket 73-1842.

491 F.2d 1281 (1974)

Frederick F. PORDUM, Appellant, v. BOARD OF REGENTS OF the STATE OF NEW YORK et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided February 20, 1974.

Attorney(s) appearing for the Case

Bernard F. Ashe, Albany, N. Y. (James R. Sandner, and Ivor R. Moskowitz, Albany, N. Y., of counsel), for appellant.

Margery Evans Reifler, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellees.

Before KAUFMAN, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a decision of the United States District Court, Northern District of New York, James T. Foley, Chief Judge, entered on April 26, 1973, reported at 357 F.Supp. 222, refusing to convene a three-judge court to consider the constitutionality of section 305(7) of the New York Education Law and otherwise dismissing appellant Pordum's complaint. We affirm.

Frederick F. Pordum...

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