THOMPSON v. WALLIN


276 A.D. 463 (1950)

Robert Thompson, as Chairman of The Communist Party of the State of New York, et al., Respondents, v. William J. Wallin et al., Constituting The Board of Regents of the University of the State of New York, Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 8, 1950.


Attorney(s) appearing for the Case

Unger, Freedman & Fleischer (David M. Freedman, Bernard Jaffe and Abraham Unger of counsel), for respondents.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Ruth Kessler Toch of counsel), for appellants.

Samuel M. Birnbaum, (Louis E. Drago and Solomon Kreitman of counsel), for The American Legion, Department of New York, amicus curiæ.

FOSTER, P. J., HEFFERNAN, BERGAN and COON, JJ., concur.


BREWSTER, J.

The judgment here under appeal nullifies as unconstitutional chapter 360 of the Laws of 1949, known as the Feinberg Law, and enjoins the defendant-appellant, The Board of Regents of the University of the State of New York, from an execution of any of its provisions. The parts of the enactment needful for examination in a test as to its validity are set forth in a companion case decided herewith. ...

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