CAMACHO v. ROGERS


199 F.Supp. 155 (1961)

Application of Jose CAMACHO, Plaintiff, v. William T. ROGERS, Attorney General of the United States, Nelson Rockefeller, Governor of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, and the Board of Elections of the City of New York, Defendants.

United States District Court S. D. New York.

October 19, 1961.


Attorney(s) appearing for the Case

Paul O'Dwyer, New York City (Gene Crescenzi, and Howard N. Meyer, New York City, on brief), for plaintiff.

George C. Mantzoros, Asst. Atty. Gen. of New York (Irving L. Rollins, New York City, of counsel), (Louis J. Lefkowitz, Atty. Gen., Paxton Blair, Sol. Gen., Albany, and George C. Mantzoros, New York City, on brief), for Governor and Atty. Gen. of New York.

Arthur H. Geisler, Asst. Corp. Counsel, New York City, for City of New York (Leo A. Larkin, Corp. Counsel, and Arthur H. Geisler, New York City, on brief), for the Bd. of Elections of City of New York.

Robert J. Ward, Asst. U. S. Atty., S.D. N.Y., New York City (Burke Marshall, Asst. Atty. Gen., and Robert M. Morgenthau, U. S. Atty., S.D.N.Y., New York City, on brief), for U. S., amicus curiae.

Nanette Dembitz, New York City, on brief, for the New York Civil Liberties Union, amicus curiae.

Before LUMBARD, Circuit Judge, and EDELSTEIN and METZNER, District Judges.


METZNER, District Judge.

This is an action for an injunction to enjoin the enforcement of the English language literacy requirement of the Constitution (Art. II, § 1) and the Election Law, McKinney's Consol.Laws, c. 17 (§§ 150, 168 and 201, subd. 1) of the State of New York on the ground that such requirement violates the Constitution of the United States and statutes adopted pursuant thereto and certain treaties entered into by the United States. Plaintiff...

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