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WAHBA v. NEW YORK UNIVERSITY

No. 353, Docket 73-2143.

492 F.2d 96 (1974)

Albert J. WAHBA, Plaintiff-Appellant, v. NEW YORK UNIVERSITY and Severo Ochoa, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 11, 1974.

Attorney(s) appearing for the Case

Stanley Faulkner, New York City (Faulkner & Schmidt, New York City, of counsel), for appellant.

George I. Harris, New York City (Burke & Burke and Thomas C. Crane, New York City, of counsel), for defendants-appellees.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal presents another variation on the pervasive theme of what constitutes government action. The complaint, filed in the District Court for the Southern District of New York, alleged the following: Plaintiff was a research associate professor in the Biochemistry Department of the New York University School of Medicine. Defendant Ochoa was chairman of the Department. Beginning in 1957, the New York University Medical Center received...

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