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LEBOWICH v. O'CONNOR

No. 311, Docket 27230.

309 F.2d 111 (1962)

Emanuel LEBOWICH, Plaintiff-Appellant, v. Frank D. O'CONNOR, individually, and as District Attorney of Queens County, State of New York, and Stephen P. Kennedy, individually, and as Police Commissioner of the City of New York, State of New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided September 20, 1962.

Attorney(s) appearing for the Case

W. A. Newcomb, New York City, for appellant.

Louis J. Lefkowitz, Atty. Gen., of the State of New York (Paxton Blair, Sol. Gen., Irving Galt, Asst. Sol. Gen., Philip Kahaner, Asst. Atty. Gen., of counsel), for appellee Frank D. O'Connor.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

WATERMAN, Circuit Judge.

Appellant is a defendant in a criminal case now pending in the County Court of Queens County, New York, under an indictment charging him with having committed the state crimes of performing abortions and of commiting second degree assaults with intent to perform abortions. He brought the present action in the United States District Court for the Eastern District of New York seeking to have that federal court enjoin appellee O'Connor, the New...

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