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CHI IOTA COLONY, FRATERNITY v. CITY UNIV. OF N.Y.

Docket No. 06-4111-cv.

502 F.3d 136 (2007)

CHI IOTA COLONY OF ALPHA EPSILON PI FRATERNITY, Alex Khaychuk, Konstantin Novodorsky, Vitaly Usherenko, Gennady Akselrud, Aleksander Baranov, David Borowik, Roman Burtman, Danny Kane, Mike Lantino, Josh Malek, Danny Markowitz, Evan McKiernan, Ryan Richmond, Billy Ruppert, Brian Thomson, Jonathan Torres, Steve Verbitsky, and Moshe Zeitouni, Plaintiff-Appellees, v. CITY UNIVERSITY OF NEW YORK, Marlene Springer, Carol L. Jackson, and Carol Brower, Defendant-Appellants, College of Staten Island Government, Defendant, NIC and NPC, Amici Curiae.

United States Court of Appeals, Second Circuit.

Decided: September 13, 2007.

Attorney(s) appearing for the Case

Gregory F. Hauser, Wuersch & Gering LLP, New York, NY, for Plaintiff-Appellees.

Gregory Silbert, Assistant Solicitor General of the State of New York (Andrew M. Cuomo, Attorney General; Barbara D. Underwood, Solicitor General; Michelle Aronowitz, Deputy Solicitor General), New York, NY, for Defendant-Appellants.

Timothy M. Burke, Manley Burke, Cincinnati, OH, for Amici Curiae.

Before: LEVAL, CALABRESI, and GIBSON, Circuit Judges.

LEVAL, Judge:

This is an appeal by the defendant City University of New York, a public university, from a preliminary injunction imposed by the United States District Court for the Eastern District of New York (Irizarry, J.) barring the university's constituent, the College of Staten Island ("CSI"), from enforcing against the plaintiff fraternity, Chi Iota Colony ("the Fraternity"), a non-discrimination policy, which restricts official

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