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


202 F.Supp. 741 (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, Abe Stark, President of the City Council of the City of New York; A. Holly Patterson, Chairman, Board of Supervisors, Nassau County; Owen M. Quinn, Chairman, Board of Supervisors, Westchester County, William J. Leonard, Chairman, Board of Supervisors, Suffolk County, Denis J. Mahon, James Powers, John R. Crews, Thomas Mallee, Commissioners, Board of Elections, New York City, Defendants.

United States District Court S. D. New York.

January 11, 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., pro se., for Caroline K. Simon, Secretary of State of New York. Irving Galt, Asst. Sol. Gen., New York City, George C. Mantzoros, Gretchen W. Oberman, Asst. Attys. Gen., of counsel.

Leo A. Larkin, Corp. Counsel, New York City, for Abe Stark, President of the City Council of City of New York, and Denis J. Mahon, and others, Commissioners of the Board of Elections of the City of New York. Benjamin Offner, New York City, of counsel.

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

J. Oakey McKnight, County Atty. for the County of Nassau, Mineola, N. Y., for A. Holly Patterson, Chairman, Board of Supervisors, Nassau County. Harold E. Collins, Deputy County Atty. of the County of Nassau, Mineola, N. Y., of counsel.

Francis J. Morgan, County Atty. of Westchester County, White Plains, N. Y., for Owen M. Quinn, Chairman, Board of Supervisors, Westchester County. Irving Libenson, Asst. County Atty., Mt. Vernon, N. Y., of counsel.

Ferdinand I. Haber, Mineola, N. Y., for petitioner.

Eugene H. Nickerson, New York City, amici curiae.

Before WATERMAN, C. J., and RYAN and LEVET, D. JJ.


LEVET, District Judge.

This matter came before this court pursuant to Title 28 U.S.C.A. § 2284 as a result of the determination by the district court by opinion dated July 7, 1961 and order made pursuant thereto. See W. M. C. A. Inc. v. Simon, D.C.S.D.N.Y., 1961, 196 F.Supp. 758.

Before this statutory three-judge court, motions have been renewed by defendants Caroline K. Simon, Secretary of State of the State of New...

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