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ARTHUR v. NYQUIST

Nos. 12-18, 203, Dockets 76-7292, 76-7391, 76-7449, 76-7450, 76-7461, 76-7485, 76-7506 and 77-7136.

573 F.2d 134 (1978)

George ARTHUR et al., Plaintiffs-Appellees, v. Ewald P. NYQUIST et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 8, 1978.

Attorney(s) appearing for the Case

Leslie G. Foschio, Corp. Counsel, Buffalo, N. Y., Anthony Gregory, Asst. Corp. Counsel, and Patricia A. Pancoe, City of Buffalo Law Department, Buffalo, of counsel, for defendants-appellants Buffalo Board of Ed. and Members of the Buffalo Common Council, and Joseph E. Manch and Eugene T. Reville, Superintendent.

David Blasband, Linden & Deutsch, New York City, for defendants-appellants Members of the Board of Regents of the University of the State of New York.

Jean M. Coon, Asst. Sol. Gen., Albany, N. Y. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Ruth Kessler Toch, Sol. Gen., Albany, N. Y., and Eugene A. Panfil, Asst. Atty. Gen., Buffalo, N. Y., of counsel), for defendants-appellants Nyquist, Bd. of Regents, Black, Pforzheimer, Allan, Clark, Newcomb, Batista and Chodos.

Richard F. Griffin, Buffalo, N. Y., Norman Siegel, New York Civil Liberties Union, New York City, and William L. Taylor, Catholic University Law School, Washington, D. C., of counsel, for plaintiffs-appellees.

Before KAUFMAN, Chief Judge, and SMITH and MULLIGAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

The Commissioner of Education of the State of New York, the members of the Board of Regents of the State of New York, the Superintendent of Schools of the City of Buffalo, and the members of the Board of Education and the Common Council of the City of Buffalo appeal from a judgment of the United States District Court for the Western District of New York, John T. Curtin, Chief Judge, finding them liable for "intentionally causing...

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