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BYNES v. TOLL

No. 544 Docket 74-2433.

512 F.2d 252 (1975)

William and Denise BYNES, on behalf of themselves and their infant child, Terrance Bynes, et al., Plaintiffs-Appellees, v. John S. TOLL, Individually and in his capacity as President of the State University of New York at Stony Brook, and Roger V. Phelps, Individually and in his capacity as Director of Housing of the State University of New York at Stony Brook, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 6, 1975.

Attorney(s) appearing for the Case

Stephen Dobkin, Brooklyn, N. Y. (Brooklyn Legal Services, John C. Gray, Jr., Brooklyn, N. Y., Ellen Zweibel, New York City, on the brief), for plaintiffs-appellees.

A. Seth Greenwald, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendants-appellants.

Before FEINBERG and MULLIGAN, Circuit Judges, and BRYAN, District Judge.

MULLIGAN, Circuit Judge:

This appeal raises the question whether the State University of New York at Stony Brook is constitutionally required to allow married students with children to live in dormitory suites provided for married students without children.

The plaintiffs are married students at Stony Brook who instituted a civil rights action under 42 U.S.C. § 1983 on November 27, 1973 in the United States District Court, Eastern District of New York...

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