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

No. 82-CV-1363.

764 F.Supp. 747 (1991)

Todd FOX, Edward R. Detweiler, Stephanie Vaiano, James B. Cullen, Christine Marie Odell, Steven Gawley, Daniel Altman, Philip Jay Botwinik, Jeffrey S. Zellan and Jaclyn Bernstein, 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 at Binghamton, and Clifford D. Clark, Individually and as President of the State University of New York at Binghamton, 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.

May 24, 1991.

Attorney(s) appearing for the Case

Duane Morris & Heckscher, Philadelphia, Pa. (Henry T. Reath, Wayne A. Mack, Jr., Richard W. Riley, of counsel), for plaintiffs.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y. (O. Peter Sherwood, Sol. Gen., Peter H. Schiff, Deputy Sol. Gen., Lawrence L. Doolittle, Daniel Smirlock, Asst. Attys. Gen., of counsel), for defendants.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

After a protracted course of litigation, including review by the Supreme Court of the United States, this case is before the court for the fourth time. The court assumes familiarity with this case and will summarize only those facts and proceedings necessary to an understanding of the issues raised on this remand.

In 1982 American Future Systems, Inc. ("AFS")1 and a student...

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