Fox v. Board of Trustees

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

After a protracted course of litigation, including review by the Supreme Court of the United States, this case is before the court for the fourth time. The court assumes familiarity with this case and will summarize only those facts and proceedings necessary to an understanding of the issues raised on this remand.

In 1982 American Future Systems, Inc. (“AFS”)1 and a student at the State University of New York at Cortland (“SUNY” or “the University”)2 commenced the present action challenging the constitutionality of SUNY Resolution No. 66-156…