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MISS GREATER NEW YORK CITY SCHOLARSHIP PAGEANT V.

October 5, 1981

MISS GREATER NEW YORK CITY SCHOLARSHIP PAGEANT, West Side Community Alliance, incorporated, Dorothy Pitman Hughes, individually, Plaintiffs,
v.
MISS NEW YORK STATE SCHOLARSHIP PAGEANT, individually, Robert W. Brooks, as corporate officer, Miss America Pageant, nationally, Defendants



The opinion of the court was delivered by: DUFFY

MEMORANDUM & ORDER

The defendants Miss America Pageant, Miss New York State Scholarship Pageant and Robert Brooks have moved pursuant to Fed.R.Civ.P. 12 to dismiss the complaint herein for failure to state a claim and alternatively for summary judgment under Fed.R.Civ.P. 56.

 The Parties

 A. Defendants

 Miss America Pageant, Inc. (hereinafter referred to as "MAP") is a New Jersey non-profit corporation which the defendants argue does business only in the State of New Jersey as the sponsor of the Miss America Pageant at Atlantic City. Apparently each of the contestants in the Pageant is chosen in a franchise pageant in each state.

 Miss New York State Scholarship Pageant ("State Pageant") is a franchise of MAP and apparently conducts a contest in the State of New York to determine who is to represent New York State in the Atlantic City Pageant. The Miss New York State Scholarship Pageant is a New York not-for-profit corporation.

 The defendant, Robert W. Brooks, apparently sued here "as corporate officer," is the President of Miss New York State Scholarship Pageant.

 B. Plaintiffs

 Miss Greater New York City Scholarship Pageant (hereinafter referred to as "City Pageant") is described as an affiliate of the West Side Community Alliance, which is a New York corporation. In 1980, the City Pageant had a subfranchise from the State Pageant to select a local contestant to represent the Greater New York City area in the State contest. This subfranchise was for a term of one year and the 1980 subfranchise contract specifically provided "... this contract is for one year only, and that it terminates on July 21, 1980."

 Dorothy Pitman Hughes is the director of the City Pageant.

 The Action

 The plaintiffs' complaint, seeking damages in the amount of five million dollars, alleges that the defendants' failure to renew a subfranchise agreement with the plaintiffs constitutes racial and sexual discrimination. Jurisdiction is purportedly based on diversity of citizenship and on alleged violations of 42 U.S.C. § 2000e-2 and 42 U.S.C. § 2000a-2. *fn1" While the complaint charges a violation of the anti-discrimination statutes, no charges have been filed with the federal Equal Employment Opportunity Commission or any similar state body, and no "right to sue letter" has ever been issued.

 Discussion

 A. Diversity ...


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