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BOARD OF ED. OF CITY OF NEW YORK v. CALIFANO

No. 77 Civ. 1609.

479 F.Supp. 561 (1979)

BOARD OF EDUCATION OF the CITY OF NEW YORK and Irving Anker, Chancellor of City School District, Plaintiffs, v. Joseph A. CALIFANO, Secretary of the Department of Health, Education and Welfare, the Department of Health, Education and Welfare; Ewald B. Nyquist, Commissioner of Education of the State of New York; New York State Division of Human Rights; Melvin Berman, Noah Gelfond and Daniel Gavrin, on behalf of themselves and on behalf of all male Health and Physical Education Teachers, etc., Claire Cohen, Cynthia Crawford, and Joyce Silversmith, etc., Defendants.

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

November 7, 1979.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corp. Counsel of the City of New York, New York City, for plaintiffs; Deborah Rothman, Asst. Corp. Counsel, Gary R. Tarnoff, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for State defendants; Judith T. Kramer, Asst. Atty. Gen., New York City, Janis Weissman, Paula Cohen, Law Interns, of counsel.

James R. Sander, New York City, for Male Health and Physical Ed. Teachers; Thomas C. Greble, New York City, Janis Levart Barquist, of counsel.

LASKER, District Judge.

The Commissioner of Education of the State of New York and the New York State Division of Human Rights (state defendants) move for summary judgment on the grounds that the court lacks subject matter jurisdiction and that there is no genuine issue as to any material fact.

The Board of Education of the City of New York and Irving Anker, the Chancellor of the New York City School District ...

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