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ALMENGOR v. SCHMIDT

No. 08 Civ. 6585(LAK).

692 F.Supp.2d 396 (2010)

Olivia ALMENGOR, et al., Plaintiffs, v. Benno C. SCHMIDT, etc., et al., Defendants.

United States District Court, S.D. New York.

March 11, 2010.

Attorney(s) appearing for the Case

Phineas Edward Leahey, Julie Ann Rosselot, Michael Jason Fluhr, Todd R. Geremia, Jones Day, New York, NY, for Plaintiffs.

Antoinette W. Blanchette, Clement John Colucci, III, New York State Office of The Attorney General, Michael B. De Leeuw, Fried, Frank, Harris, Shriver & Jacobson, New York, NY, for Defendants.

MEMORANDUM AND ORDER

LEWIS A. KAPLAN, District Judge.

Plaintiffs here challenge on First Amendment grounds alleged viewpoint discrimination in the allocation and fiscal regulation of student activities fees at Brooklyn College of the City University of New York ("CUNY") in favor of the New York Public Interest Research Group, Inc. ("NYPIRG") by use of a referendum process to determine funding (count 1) and exemption of NYPIRG from fiscal controls applicable...

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