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BACCUS v. KARGER

No. 87 Civ. 2740 (GLG).

692 F.Supp. 290 (1988)

Stephen A. BACCUS, Plaintiff, v. Arthur KARGER, Thomas M. Burke and John E. Holt-Harris Jr., Richard J. Bartlett and Laura A. Taylor, individually and in their official capacity as members of the New York State Board of Law Examiners; Sol Wachtler, Richard D. Simons, Judith S. Kaye, Fritz W. Alexander II, Vito J. Titone, Stewart F. Hancock, Jr., and Joseph W. Bellacosa, individually and in their official capacity as Judges of the New York State Court of Appeals, Defendants.

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

August 17, 1988.

Attorney(s) appearing for the Case

Goodstein & West, New Rochelle, N.Y. (Robert David Goodstein, Eileen West, of counsel), for plaintiff.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City (Howard L. Zwickel, Asst. Atty. Gen. in Charge, Litigation Bureau, Frederic L. Lieberman, Asst. Atty. Gen., of counsel), for defendants.

OPINION

GOETTEL, District Judge:

This case presents the interesting question of whether an otherwise qualified individual who has applied to take the New York State bar examination may constitutionally be denied that end solely on the basis of his or her youth.

The New York Court of Appeals, in addition to its other judicial functions as the highest court of the State, has been delegated the responsibility and authority for promulgating rules and...

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