835 F.2d 980 (2nd Cir. 1987), 202, Ad-Hoc Committee of Baruch Black and Hispanic Alumni Ass'n v. Bernard M. Baruch College

Docket Nº:202, Docket 87-7019.
Citation:835 F.2d 980
Party Name:AD-HOC COMMITTEE OF the BARUCH BLACK AND HISPANIC ALUMNI ASSOCIATION; Joseph Sellman, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. BERNARD M. BARUCH COLLEGE; Joel Segall in his official capacity, Defendants-Appellees.
Case Date:December 22, 1987
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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835 F.2d 980 (2nd Cir. 1987)

AD-HOC COMMITTEE OF the BARUCH BLACK AND HISPANIC ALUMNI

ASSOCIATION; Joseph Sellman, on behalf of himself

and all others similarly situated,

Plaintiffs-Appellants,

v.

BERNARD M. BARUCH COLLEGE; Joel Segall in his official

capacity, Defendants-Appellees.

No. 202, Docket 87-7019.

United States Court of Appeals, Second Circuit

December 22, 1987

Argued Nov. 13, 1987.

David Cole, Center for Constitutional Rights, New York City (Frank E. Deale, Michael Ratner, Center for Constitutional Rights, New York City, of counsel), for plaintiffs-appellants.

David B. Rigney, Office of the Gen. Counsel and Vice Chancellor for Legal Affairs, The City University of New York, New York City (Pamela S. Dwyer, Office of the Gen. Counsel and Vice Chancellor for Legal Affairs, The City University of New York, New York City, of counsel), for defendants-appellees.

Jonathan H. Hines, Philippe Benoit, Debevoise & Plimpton, New York City, Wilhelm Joseph, National Conference of Black Lawyers, New York City, of counsel, for amici curiae The Nat. Conference of Black Lawyers and The Nat. Black Law Students Ass'n.

Before TIMBERS, MESKILL and KEARSE, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from an order entered in the United States District Court for the Southern District of New York, Owen, J., dated December 15, 1986, dismissing plaintiffs-appellants' complaint pursuant to Fed.R.Civ.P. 12(c). Plaintiffs are alumni of Bernard M. Baruch College (Baruch College or the College), a branch of the City University of New York. They seek to form an alumni association dedicated to the concerns of minority students and alumni of Baruch College which will be incorporated and officially recognized as the Bernard M. Baruch Black and Hispanic Alumni Association (Black and Hispanic Alumni Association). Plaintiffs are collectively known

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as the Ad-Hoc Committee of the Baruch Black and Hispanic Alumni Association (Ad-Hoc Committee). They have brought a class action alleging that Baruch College's selective refusal to grant recognition to their group, while having granted official recognition to another alumni association, the Bernard M. Baruch Alumni Association, Inc. (Baruch Alumni Association), violated among other things the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. We hold that the district court erred in dismissing the action at this point in the proceedings. We therefore vacate the district court's order and remand the case to the district court for further proceedings.

BACKGROUND

In recent years, increasing numbers of Black and Hispanic students have enrolled at Baruch College. For example, in the freshman class entering the College in the fall of 1983, 417 students were Caucasian, 395 were Black, 176 were Hispanic and 157 were Asian. The plaintiffs desire to form an alumni association that will address the particular interests of minority students and alumni of Baruch College, including job...

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