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WHITAKER v. BOARD OF HIGHER ED. OF CITY OF NEW YORK

No. 77 C 2258.

461 F.Supp. 99 (1978)

Dr. Cleophaus S. WHITAKER, Jr., Plaintiff, v. BOARD OF HIGHER EDUCATION OF the CITY OF NEW YORK, City University of New York (Brooklyn College), Nathaniel Schmuckler, Individually and in his capacity as Dean of the School of Social Science, Willie F. Page, Individually and in his capacity as a Professor and Chairperson Department of Africana Studies and Political Science at Brooklyn College, Defendants.

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

October 17, 1978.

Attorney(s) appearing for the Case

Rothbard, Harris & Oxfeld, Newark, N. J., for plaintiff; Emil Oxfeld, Newark, N. J., of counsel.

Allen G. Schwartz, Corp. Counsel of the City of New York, New York City, for defendants; Judith A. Levitt, Mary P. Bass, Laura B. Simkin, New York City, of counsel.

American Council on Education, Washington, D. C., amicus curiae; Sheldon Elliot Steinbach, of counsel.

United States Dept. of Justice, Drew S. Days, III, Asst. Atty. Gen., Civ. Rights Div., Washington, D. C., amicus curiae; Andrew J. Barrick, Stephen L. Mikochik, U. S. Dept. of Justice, Washington, D. C., of counsel.

Memorandum of Decision and Order

MISHLER, Chief Judge.

Seeking both injunctive and monetary relief, plaintiff, a former professor of African Studies at Brooklyn College, commenced this suit against the College, several members of its faculty and administration, and the Board of Higher Education, charging that the defendants violated 42 U.S.C. §§ 1981 and 1983 and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (section 504)....

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