GRAY v. BOARD OF HIGHER EDUC., CITY OF NEW YORK

No. 1236, Docket 82-7135.

692 F.2d 901 (1982)

Dr. S. Simpson GRAY, Plaintiff-Appellant, v. BOARD OF HIGHER EDUCATION, CITY OF NEW YORK, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 15, 1982.

Opinion on Rehearing January 25, 1983.


Attorney(s) appearing for the Case

S. Simpson Gray, Law Clinics of Mott & Gray, P.C., Mount Vernon, N.Y., pro se.

June A. Witterschein, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel, Leonard Koerner, David B. Rigney, Jack Muraskin, New York City, of counsel), for defendant-appellee Board of Higher Educ.

Sandra G. Bryan, Washington, D.C. (Michael J. Connolly, Gen. Counsel, Philip B. Sklover, Vincent Blackwood, Washington, D.C., of counsel), for amicus curiae E.E.O.C.

Floyd Abrams, Cahill, Gordon & Reindel, New York City (Peter Leight, New York City, of counsel), for amici curiae Trustees of Columbia University in the City of New York, The President and Fellows of Harvard College, Pace University, and the Trustees of Princeton University.

David M. Rabban, Washington, D.C., for amicus curiae American Ass'n of University Professors.

Before MOORE, FRIENDLY and OAKES, Circuit Judges.


OAKES, Circuit Judge:

Dr. S. Simpson Gray appeals from an interlocutory order denying him compelled discovery in a civil rights action alleging racial discrimination, brought under 42 U.S.C. §§ 1981, 1983 and 1985.1 Dr. Gray taught for five years in the City University of New York system, always at the rank of Instructor. He seeks at this stage to discover the vote of two of the named...

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