FOX v. BD. OF TRUSTEES OF STATE UNIVERSITY OF N.Y.

No. 780, Docket 93-7715.

42 F.3d 135 (1994)

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, Glen Magpantay, William Weitz, Corey Anthony, Diego Munoz, Edward Fagan, Baycan Fideli, Jodie Green and Jeffrey Luks, Plaintiffs-Appellants, 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-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 9, 1994.


Attorney(s) appearing for the Case

Henry T. Reath, Philadelphia, PA (Wayne A. Mack, Richard W. Riley, Marc H. Perry, Duane, Morris & Heckscher, of counsel), for plaintiffs-appellants.

Daniel Smirlock, Asst. Atty. Gen. of the State of New York, Albany, NY (Robert Abrams, Atty. Gen. of the State of New York, Peter H. Schiff, Deputy Sol. Gen. of the State of New York, Nancy A. Spiegel, Asst. Atty. Gen. of the State of New York, of counsel), for defendants-appellees.

Before: MAHONEY and WALKER, Circuit Judges, and EGINTON, District Judge.


MAHONEY, Circuit Judge:

Plaintiffs-appellants ("Plaintiffs"), individuals who at or following the commencement of this action were students in the State University of New York ("SUNY") system, appeal from a judgment entered May 11, 1993 in the United States District Court for the Northern District of New York, Neal P. McCurn, Judge, that dismissed as moot their amended complaint (the "Complaint") seeking declaratory and injunctive relief on First Amendment grounds...

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