CARROLL v. BLINKEN

No. 83 Civ. 1272 (LFM).

575 F.Supp. 772 (1983)

Thomas W. CARROLL, Craig J. Rucker, Robert J. Carroll, Edward Jiminez, Emanuel J. Panos, Beth M. Turkovic, Edward J. Priola, and Robert B. Christian, individually and on behalf of all others similarly situated, Plaintiffs, v. Donald M. BLINKEN, in his capacity as Chairman of the Board of Trustees of the State University of New York, George L. Collins, Jr., Robert R. Douglass, Judith Lasher Duken, Arnold B. Gardner, John L.S. Holloman, Jr., Nan Johnson, Judith Davidson Moyers, Edward V. Mele, Mrs. Edward Siegel, Jeanne C. Thayer, James M. Tierney, Thomas Van Arsdale, and Darwin R. Wales, in their respective capacities as trustees of the State University of New York, Vincent O'Leary, Clifford D. Clark, John H. Marburger, III, D. Bruce Johnstone, James M. Clark, Dallas K. Beal, and Alice Chandler, in his or her capacity as President and chief administrative officer of, respectively, the State University of New York at Albany, the State University of New York, at Binghamton, the State University of New York at Stony Brook, the State University College at Buffalo, the State University College at Cortland, the State University College at Fredonia, the State University College at New Paltz, and New York Public Interest Research Group, Inc., Defendants.

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

December 21, 1983.


Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of State of New York, New York City, for State defendants; Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Stanley A. Camhi and Andrea Green, Asst. Attys. Gen., New York City, of counsel.

Fried, Frank, Harris, Shriver & Jacobson, New York City, for defendant New York Public Interest Research Group, Inc.; Alexander R. Sussman, New York City, of counsel.

Mid-Atlantic Legal Foundation, Inc., New York City, for plaintiffs; John G. Collins, New York City, of counsel.


OPINION and ORDER

MacMAHON, District Judge.

Defendants Johnstone, Marburger, Beal and James Clark move for dismissal, pursuant to Rule 12(b)(6), Fed.R.Civ.P.

Plaintiffs allege that defendants have violated their constitutional rights by allowing portions of mandatory student activity fees collected at various SUNY campuses to be dispersed to the New York Public Interest Research Group ("NYPIRG"). These plaintiffs, past and present students at three...

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