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GRASECK v. MAUCERI

No. 920, Docket 77-7572.

582 F.2d 203 (1978)

Arthur V. GRASECK, Jr., Plaintiff-Appellant, v. Angelo MAUCERI, Individually and as Administrative Judge of the District Court of Suffolk County, Edward U. Green, Jr., Individually and as a Judge of the District Court of Suffolk County, Defendants, John F. Middlemiss, Jr., Individually and as Attorney-in-Charge, Legal Aid Society of Suffolk County, New York, Defendant-Appellee, Ralph Costello, Individually and as Attorney-in-Charge of the District Court Bureau of the Criminal Division of the Legal Aid Society of Suffolk County, New York, Defendant, Legal Aid Society of Suffolk County, New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 7, 1978.

Attorney(s) appearing for the Case

Frederick J. Damski, New York Civil Liberties Union, Smithtown, N. Y. (Harlon L. Dalton, Burt Neuborne, New York City, Arthur V. Graseck, Jr., Port Washington, N. Y., of counsel), for appellant.

Joseph P. Hoey, Brady, Tarpey, Hoey, P. C., New York City, for appellees John F. Middlemiss, Jr., and Legal Aid Society of Suffolk County, New York.

Before FEINBERG, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal requires us to determine whether conduct of a fundamentally private institution challenged on constitutional grounds constitutes "state action", one of the more slippery and troublesome areas of civil rights litigation. Appellant brought suit under 42 U.S.C. § 19831 and its jurisdictional counterpart, 28 U.S.C. § 1343, alleging that his discharge by the Legal Aid Society of Suffolk County, New...

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