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DE VEAU v. BRAISTED

5 N.Y.2d 236 (1959)

George De Veau et al., Individually and as Members of Local 1346 of the International Longshoremen's Association (Ind.), and on Behalf of All Other Members of Local 1346 of the International Longshoremen's Association (Ind.), Appellants, v. John M. Braisted, Jr., as District Attorney of Richmond County, Respondent.

Court of Appeals of the State of New York.

Decided February 26, 1959.

Attorney(s) appearing for the Case

Thomas W. Gleason and Julius Miller for appellants.

Nanette Dembitz, Stephen C. Vladeck and Edward L. Sadowsky for New York Civil Liberties Union, amicus curiæ, in support of appellants' position.

John M. Braisted, Jr., District Attorney (Thomas R. Sullivan of counsel), for respondent.

William P. Sirignano, Robert J. Mozer and Irving Malchman for Waterfront Commission of New York Harbor, amicus curiæ, in support of respondent's position.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DESMOND, J.

Plaintiff De Veau is the elected secretary-treasurer of a local union of longshoremen and plaintiffs Lowery and Honan are members of that union. In this suit for a declaratory judgment and for an injunction plaintiffs make three main assertions. First, they say that section 8 of the Waterfront Commission Act (L. 1953, ch. 882, as amd.) is unconstitutional as being in conflict with section 7 of the...

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