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ASSOCIATION FOR PRESERV. OF FREEDOM OF CHOICE v. SIMON

No. 228, Docket 27279.

299 F.2d 212 (1962)

ASSOCIATION FOR THE PRESERVATION OF FREEDOM OF CHOICE, INC., and Association for the Preservation of Freedom of Choice Legal Educational Fund, Inc., Plaintiffs-Appellants, v. Caroline K. SIMON, Individually and as Secretary of State, New York State, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 6, 1962.

Attorney(s) appearing for the Case

Alfred Avins, New York City, for plaintiffs-appellants.

Irving L. Rollins, Asst. Atty. Gen. (Samuel A. Hirshowitz, First Asst. Atty. Gen. and Louis J. Lefkowitz, Atty. Gen., of the State of New York, on the brief), for defendant-appellee.

Before MEDINA, MOORE and SMITH, Circuit Judges.

PER CURIAM.

The complaint purported to allege three claims for relief, and it was dismissed in its entirety by Judge Murphy on defendant's motion framed in a double aspect, for failure to state a claim for relief pursuant to Rule 12(b) (6), and for summary judgment under Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C. Plaintiffs appeal from the orders granting defendant's motion and denying plaintiffs' cross-motion for summary judgment. Jurisdiction...

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