KERSON v. VERMONT LAW SCHOOL, INC.

No. 21-2904 August Term 2022.

79 F.4th 257 (2023)

Samuel KERSON, Plaintiff-Appellant, v. VERMONT LAW SCHOOL, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2023.


Attorney(s) appearing for the Case

For Plaintiff-appellant: Steven J. Hyman ( Oliver R. Chernin , on the brief), McLaughlin & Stern, LLP, New York NY. Richard I. Rubin , on the brief, Rubin, Kidney, Myer & Vincent, Barre, VT.

For Defendant-appellee: Justin B. Barnard ( Karen McAndrew , on the brief), Dinse P.C., Burlington, VT. ( Lia N. Ernst , ACLU Foundation of Vermont, Montpelier, VT, for American Civil Liberties Union of Vermont, as amicus curiae).

Before: Livingston, Chief Judge, Cabranes, Circuit Judge, and Kovner, District Judge.


In 1993, Plaintiff-Appellant Samuel Kerson ("Kerson") painted two large murals (the "Murals"), together entitled The Underground Railroad, Vermont and the Fugitive Slave, directly onto the sheet rock walls inside a building on the campus of Defendant-Appellant Vermont Law School, Inc. ("VLS" or the "Law...

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