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TWO GUYS FROM HARRISON-ALLENTOWN, INC. v. McGINLEY

No. 12787.

266 F.2d 427 (1959)

TWO GUYS FROM HARRISON-ALLENTOWN, INC., Appellant, v. Paul A. McGINLEY, District Attorney, County of Lehigh, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided March 25, 1959.

Amended April 20, 1959.

Attorney(s) appearing for the Case

Harold E. Kohn, Philadelphia, Pa. (Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., Morris Efron, George J. Joseph, Allentown, Pa., Oscar Brown, Philip P. Kalodner, William T. Coleman, Jr., Philadelphia, Pa., on the brief), for appellant.

Ernest F. Ritter, Allentown, Pa., Harry J. Rubin, Deputy Atty. Gen., of Pennsylvania, Harrisburg, Pa., for the Commonwealth of Pennsylvania.

Rowland Watts, New York City, (Julian E. Goldberg, on the brief) for American Civil Liberties Union.

Before BIGGS, Chief Judge, and GOODRICH and STALEY, Circuit Judges.

BIGGS, Chief Judge.

The plaintiff-appellant, Two Guys from Harrison-Allentown, Inc., a Pennsylvania corporation, operating a store in Whitehall Township, Lehigh County, Pennsylvania, employing approximately three hundred persons, filed a complaint in the court below on November 22, 1958, against the Honorable Paul A. McGinley, the District Attorney of Lehigh County, Pennsylvania, the defendant-appellee, alleging that the District Attorney arbitrarily and discriminatorily...

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