BRADLEY v. WATERFRONT COMM.


12 N.Y.2d 276 (1963)

William V. Bradley, as President of International Longshoremen's Association, et al., Appellants, v. Waterfront Commission of New York Harbor et al., Respondents.

Court of Appeals of the State of New York.

Decided February 28, 1963.


Attorney(s) appearing for the Case

Osmond K. Fraenkel and Harold Krieger for appellants.

Irving Malchman and William P. Sirignano for respondents.

Chief Judge DESMOND and Judges DYE, BURKE, FOSTER and SCILEPPI concur with Judge FULD; Judge VAN VOORHIS dissents and votes to modify in an opinion.


FULD, J.

The Waterfront Commission Act became law in 1953. Its section 8 was thereafter challenged as invalid on grounds that the subject matter had been pre-empted by Federal legislation and that it violated the due process clause of the Fourteenth Amendment. Both this court and the United States Supreme Court, rejecting those arguments, upheld the section as constitutional. (De Veau v. Braisted,

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