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MOSS v. HORNIG

No. 111, Docket 27688.

314 F.2d 89 (1963)

Joseph MOSS, Plaintiff-Appellant, v. Albert H. HORNIG, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 18, 1963.

Attorney(s) appearing for the Case

George J. Malinsky, Georgetown, Conn., for plaintiff-appellant.

Louis Weinstein, Asst. Atty. Gen., Hartford, Conn. (Albert L. Coles, Atty. Gen., Hartford Conn., on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and MARSHALL, Circuit Judges.

LUMBARD, Chief Judge.

Joseph Moss, whose prosecution for violation of the Connecticut Sunday Closing Law, Conn.Gen.Stat. § 53-300, is pending in the Connecticut courts, seeks a federal injunction against that prosecution on three grounds: (1) The Connecticut statute is unconstitutional on its face in that it constitutes an unreasonable discrimination and it is a law respecting establishment of a religion; (2) The statute is unconstitutional because it is unequally...

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