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MAUCLET v. NYQUIST

Nos. Civ-75-73, 74 Civ. 1142.

406 F.Supp. 1233 (1976)

Jean-Marie MAUCLET, Plaintiff, v. Ewald B. NYQUIST, Commissioner of Education of the State of New York, and New York State Higher Education Services Corporation, Defendants. Alan RABINOVITCH, Plaintiff, v. Ewald B. NYQUIST, Commissioner of Education of the State of New York, et al., Defendants.

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

February 11, 1976.

Attorney(s) appearing for the Case

Kevin Kennedy, Michael Davidson, Buffalo, N.Y., for plaintiff in No. Civ-75-73.

Louis J. Lefkowitz, Atty. Gen., State of New York (Douglas S. Cream, Asst. Atty. Gen., Buffalo, N.Y., of counsel), for defendants in No. Civ-75-73.

Stroock & Stroock & Lavan, New York City, for plaintiff in No. 74 Civ. 1142.

Louis J. Lefkowitz, Atty. Gen., State of New York (Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel), for defendants Nyquist, and others in No. 74 Civ. 1142.

McNamee, Lochner, Titus & Williams, P. C., Albany, N.Y., for defendants New York Higher Education Assistance Corporation, and others in No. 74 Civ. 1142.

Before VAN GRAAFEILAND, Circuit Judge, JUDD, District Judge for the Eastern District of New York, and CURTIN, Chief Judge, Western District of New York.

CURTIN, Chief Judge:

Mauclet v. Nyquist was instituted by a resident alien in the Western District of New York; Rabinovitch v. Nyquist was brought by a resident alien in the Eastern District of New York. In both cases, New York Education Law § 661(3) (McKinney's Supp.1975),1 which requires an applicant for New York State financial aid2 to be a United States citizen or intend to become a citizen...

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