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OLIVER SCHOOLS, INC. v. FOLEY

No. 1182, Docket 90-7989.

930 F.2d 248 (1991)

OLIVER SCHOOLS, INC., doing business as The Stratford Schools, Plaintiff-Appellant, v. Cornelius J. FOLEY, Ph.D., as President of the New York State Higher Education Services Corporation; Gilbert Harwood, Milton G. Wright, Robert E. Butler and Joseph A. Bradley, the Officers and/or Employees of the New York State Higher Education Services Corporation; and the New York State Higher Education Services Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 12, 1991.

Attorney(s) appearing for the Case

Lee A. Albert, Buffalo, N.Y. (Henry E. Wyman, Buffalo, N.Y., on the brief), for plaintiff-appellant.

Lew A. Millenbach, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., of N.Y., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., Albany, N.Y., on the brief), for defendants-appellees.

Before OAKES, Chief Judge, and KEARSE and McLAUGHLIN, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff Oliver Schools, Inc., doing business as The Stratford Schools ("Oliver"), appeals from a final judgment of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, dismissing its complaint brought under 42 U.S.C. § 1983 (1988) to challenge the termination by defendants New York State Higher Education Services Corporation ("HESC") et al. of guarantees by the State of New York...

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