FOX v. BD. OF TRUSTEES OF STATE UNIV. OF NEW YORK

No. 82-CV-1363.

695 F.Supp. 1409 (1988)

Todd FOX, Edward R. Detweiler, Stephanie Vaiano, James B. Cullen, Christine Marie Odell, Steven Gawley, Daniel Altman, Philip Jay Botwinik, Jeffrey S. Zellan, Jaclyn Bernstein, and American Future Systems, Inc., Plaintiffs, v. The BOARD OF TRUSTEES OF the STATE UNIVERSITY OF NEW YORK, and Clifton R. Wharton, Jr., Individually and as Chancellor of the Board of Trustees and the State University of New York College at Cortland, and James M. Clark, Individually and as President of the College at Cortland, and the State University of New York at Binghamton, and Clifford D. Clark, Individually and as President of the State University of New York at Binghamton, and the State University of New York at Albany, and Vincent O'Leary, Individually and as President of the State University of New York at Albany, and the State University of New York College of Arts and Sciences at Potsdam, and Humphrey Tomkin, Individually and as President of the College of Arts and Sciences at Potsdam, Defendants.

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

October 3, 1988.


Attorney(s) appearing for the Case

Ronald H. Sinzheimer, Albany, Duane Morris & Heckscher, Henry T. Heath, Wayne A. Mack, Jr., Philadelphia, Pa., for plaintiffs.

Robert Abrams, Atty. Gen. of the State of N.Y., Lawrence Doolittle, Asst. Atty. Gen., Albany, N.Y., for defendants.


MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

BACKGROUND

This is the third time this case has been before the court. Familiarity with the prior proceedings is presumed.1 Nevertheless, a brief review of the background of the case is appropriate. American Future Systems, Inc. (AFS) sells cookware, china, crystal, and silverware to college students through group demonstrations. In 1982, one of AFS' representatives...

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