BD. OF. ED. OF. N. Y. CITY v. NYQUIST

No. 30, Docket 78-6055.

590 F.2d 1241 (1979)

BOARD OF EDUCATION OF the CITY OF NEW YORK and Irving Anker, Chancellor of City School District, Plaintiffs, v. Ewald NYQUIST, Commissioner of Education of the State of New York, New York State Division of Human Rights, Defendants, Claire Cohen, Cynthia Crawford, and Joyce Silversmith, on behalf of themselves and on behalf of all female Health and Physical Education Teachers in the New York City School System, Defendants-Appellees, Melvin Berman, Noah Gelfond and Daniel Gavrin, on behalf of themselves and on behalf of all male Health and Physical Education Teachers in the New York City School System, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 9, 1979.


Attorney(s) appearing for the Case

Thomas C. Greble, Glen Cove, N. Y. (James R. Sandner, New York City, of counsel), for defendants-appellants.

Kenneth E. Gordon, New York City (Gordon & Schechtman, Murray A. Gordon, New York City, of counsel), for defendants-appellees.

Before FEINBERG, MANSFIELD and SMITH, Circuit Judges.


FEINBERG, Circuit Judge:

This unusual case presents difficult questions regarding the appropriate role of federal courts when called upon by disqualification motions to evaluate the conduct of attorneys who appear before them. Three male Health and Physical Education teachers (HPETs) in the New York City school system appeal from an order of the United States District Court for the Southern District of New York, Morris E. Lasker, J., disqualifying their counsel upon...

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