DUBE v. STATE UNIVERSITY OF NEW YORK

No. 885, Docket 88-7980.

900 F.2d 587 (1990)

Professor Ernest F. DUBE, Professor William McAdoo, Professor Amiri Baraka, Professor Carolle Charles, Professor Leslie Owens, Haitian Student Organization, Latin American Student Organization International Student Organization, Caribbean Student Organization, and Third World Resources, Plaintiffs, Professor Ernest F. Dube, Plaintiff-Appellee, v. The STATE UNIVERSITY OF NEW YORK, Clifton R. Wharton, Jr., Ex-Chancellor of the State University of New York, individually and in his official capacity; Jerome Komisar, Acting Chancellor of the State University of New York, individually and in his official capacity; John Marburger, President of the State University of New York at Stony Brook, individually and in his official capacity; Homer A. Neal, Provost of the State University of New York at Stony Brook, individually and in his official capacity; Robert Neville, Dean of Humanities and Fine Arts at the State University of New York at Stony Brook, individually and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 12, 1990.


Attorney(s) appearing for the Case

Kathie Ann Whipple, Asst. Atty. Gen., State of N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., O. Peter Sherwood, Sol. Gen., Ellen Fried, Asst. Atty. Gen., State of N.Y., New York City, of counsel), for defendants-appellants.

Frank E. Deale, Center for Constitutional Rights (Wilhelm Joseph, National Conference of Black Lawyers, Lennox S. Hinds, Aaron D. Frishberg, Stevens, Hinds & White, New York City, of counsel), for plaintiffs-appellees.

Before MESKILL, MINER and MAHONEY, Circuit Judges.


MESKILL, Circuit Judge:

This is an interlocutory appeal from an order of the United States District Court for the Eastern District of New York, Mishler, J., granting in part and denying in part defendants-appellants' motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c), and denying their motion for summary judgment pursuant to Fed.R.Civ.P. 56.

The litigation was commenced by plaintiff-appellee Ernest F. Dube, a former assistant professor at...

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