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ORNSTEIN v. REGAN

No. 377, Docket 77-7307.

574 F.2d 115 (1978)

Irving ORNSTEIN, Plaintiff-Appellant, v. James F. REGAN, Chairman, Board of Education Retirement System of the City of New York, Board of Education Retirement System of the City of New York, and Joseph Antionette, Executive Secretary, Board of Education, Retirement System of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 4, 1978.

Attorney(s) appearing for the Case

Sam Resnicoff, and Gordon & Shechtman, P. C., New York City (Murray A. Gordon, Sam Resnicoff, New York City, of counsel), for plaintiff-appellant.

W. Bernard Richland, Corp. Counsel, New York City (Leonard Koerner, Susan L. Bloom, New York City, of counsel), for defendants-appellees.

Before FEINBERG and OAKES, Circuit Judges, and WYATT, District Judge.

WYATT, District Judge:

This is an appeal from a judgment of the District Court for the Eastern District of New York (Costantino, J.), granting a motion by defendants for summary judgment and dismissing the complaint as barred by the principle of res judicata.

The question here is whether appellant actually litigated in the state courts the issue that the time limitation on his claim for accident disability retirement is unconstitutional. The court below...

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