W.M.C.A., INC. v. SIMON


208 F.Supp. 368 (1962)

W.M.C.A., INC., R. Peter Straus, Joseph De Maio, Edward Lind, S. Thomas Delaney, Edward C. Brown, James J. McCafferty, Plaintiffs, v. Caroline K. SIMON, Secretary of State of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, Paul R. Screvane, President of the City Council of the City of New York, Eugene H. Nickerson, Chairman, Board of Supervisors, Nassau County, Leonard Berman, Chairman, Board of Supervisors, Westchester County, William J. Leonard, Chairman, Board of Supervisors, Suffolk County, Denis J. Mahon, James Power, John R. Crews, Thomas Mallee, Commissioners, Board of Elections, New York City, Defendants.

United States District Court S. D. New York.

August 16, 1962.


Attorney(s) appearing for the Case

Robinson, Silverman, Pearce & Aronsohn and Max Gross, New York City, for plaintiffs; Leonard B. Sand, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, Albany, N. Y., pro se and for Caroline K. Simon, Secretary of State of New York; Irving Galt, Asst. Sol. Gen., George C. Mantzoros, Sheldon Raab, Asst. Attys. Gen., of counsel.

Leo A. Larkin, Corp. Counsel, New York City, for defendant Paul R. Screvane, President of the City Council of City of New York, and defendants Denis J. Mahon and others, Commissioners of Board of Elections of City of New York; Benjamin Offner, George Dwight, New York City, of counsel.

George W. Percy, Jr., County Atty. for County of Suffolk, Riverhead, N. Y., for defendant William J. Leonard, Chairman, Board of Supervisors, Suffolk County; Stanley S. Corwin, Asst. County Atty., of counsel.

Bertram Harnett, County Atty., for County of Nassau, Mineola, N. Y., for defendant Eugene H. Nickerson, Chairman, Board of Supervisors, Nassau County; Douglas P. Null, Senior Deputy County Atty., of counsel.

Francis J. Morgan, County Atty. of Westchester County, White Plains, N. Y., for defendant Leonard Berman, Chairman, Board of Supervisors, Westchester County; Irving Libenson, Asst. County Atty., of counsel.

Before WATERMAN, Circuit Judge, and RYAN and LEVET, District Judges.


LEVET, District Judge.

This is an action for a judgment declaring that the constitutional and statutory provisions of the State of New York governing the apportionment of Senate and Assembly districts are unconstitutional.

The previous history of the proceedings in this Court appears in W. M. C. A., Inc. v. Simon, D.C.S.D.N.Y.1961, 196 F.Supp. 758, and the action here is the same as the one before this three-judge court...

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