# Birnbaum v. Trussell

> Court of Appeals for the Second Circuit · June 17, 1965 · 347 F.2d 86

URL: https://www.frixlaw.com/law-library/cases/8872943

## Case

- **Full name:** Morton BIRNBAUM v. Ray E. TRUSSELL, Commissioner of the Department of Hospitals of the City of New York, Robert J. Mangum, First Deputy Commissioner of the Department of Hospitals of the City of New York, and William Lewis, President, Local 237, International Brotherhood of Teamsters
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** June 17, 1965
- **Citations:** 347 F.2d 86
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Hays
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8872943

## How later opinions describe it (automated extraction)

- finding that the plaintiffs allegations were too vague and eonclusory to constitute “the type of overt act necessary to establish racial discrimination as barred by the equal protection clause of the Fourteenth Amendment.”

## Opinion text

On Application for Rehearing
PER CURIAM:
Defendants have applied for a rehearing in this case, decided by this court on June 17,1965, 347 F.2d 86 .
The rehearing is granted and the decision of the court is modified to provide that no costs shall be taxed on this appeal.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8872943. Public record. Not legal advice.