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BOLGER v. CLEARY

No. 402, Docket 26826.

293 F.2d 368 (1961)

Edward BOLGER, Plaintiff-Appellee, v. Michael CLEARY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 4, 1961.

Attorney(s) appearing for the Case

Irving Malchman, Asst. to Gen. Counsel, Waterfront Commission of New York Harbor, New York City (William P. Sirignano, Gen. Counsel, New York City, on the brief), for appellant.

Joseph Aronstein, New York City, for appellee.

Frank D. O'Connor, Dist. Atty., and Benj. J. Jacobson, Asst. Dist. Atty., Queens County, Long Island City, N. Y., for The New York State Dist. Attys. Assn., amicus curiae.

Before CLARK and WATERMAN, Circuit Judges, and ANDERSON, District Judge.

CLARK, Circuit Judge.

This case presents the question whether a federal court has the power to enjoin a state official from testifying in a state proceeding to information learned by him as a result of his co-operation with federal officials in an illegal search and seizure and an illegal detention.

The plaintiff, Edward Bolger, is a hiring agent and longshoreman licensed by the Waterfront Commission of New York Harbor and employed on the New York waterfront...

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