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HUPART v. BD. OF HIGHER ED. OF CITY OF NEW YORK

Nos. 75 Civ. 178, 75 Civ. 915 and 75 Civ. 2117.

420 F.Supp. 1087 (1976)

Kenneth HUPART et al., Plaintiffs, Individually and on behalf of all others similarly situated v. The BOARD OF HIGHER EDUCATION OF the CITY OF NEW YORK et al., Defendants.

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

August 17, 1976.

Attorney(s) appearing for the Case

Victor J. Herwitz, New York City, for plaintiff, Kenneth Hupart; Victor J. Herwitz, Michael J. Kopcsak, New York City, of counsel.

Giamboi, Reiss & Squitieri, New York City, for plaintiffs, Michael Scognamiglio and Robert Trotta; Joseph N. Giamboi, New York City, of counsel.

W. Bernard Richland, Corp. Counsel, New York City; Carmela Ackman, New York City, of counsel.

OPINION

FRANKEL, District Judge.

Asserting claims under the Constitution, federal civil rights statutes, and New York's Education Law,1 the plaintiff class2 alleges that its members were unlawfully denied admission to the Biomedical Program of the Center for Biomedical Education of the City College of New York for the 1974 academic year. The complaint charges, inter alia, that the defendants...

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