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SIMONE v. KENNEDY

26 Misc.2d 748 (1961)

Nina Simone, on Behalf of Herself and All Other Performing Artists and Cabaret Employees and Taxpayers Similarly Situated, et al., Plaintiffs, v. Stephen P. Kennedy, as Police Commissioner of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

February 24, 1961

Attorney(s) appearing for the Case

Maxwell T. Cohen for plaintiffs. Charles H. Tenney, Corporation Counsel (Leo A. Larkin, Pauline K. Berger and Mansfield C. Fuldner of counsel), for defendants. Judith P. Vladeck for New York Civil Liberties Union, amicus curiæ.

SIDNEY A. FINE, J.

Plaintiffs move for judgment on the pleadings or summary judgment. Defendants cross-move for judgment in their favor dismissing the complaint.

The action is representative in character. It is brought on behalf of all owners, operators, and employees of cabarets, artists performing in cabarets, and taxpayers of the City of New York, against Stephen P. Kennedy, as Police Commissioner...

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