BENNETT v. McMORRAN


38 Misc.2d 928 (1963)

Robert Bennett et al., Plaintiffs, v. J. Burch McMorran, as Superintendent of Public Works of the State of New York, et al., Defendants.

Supreme Court, Special Term, Suffolk County.

April 1, 1963


Attorney(s) appearing for the Case

Lester B. Lipkind for plaintiffs. Frank S. DuBeshter for Charles Norton, plaintiff. Louis J. Lefkowitz, Attorney-General, for defendants.


DAVID L. GLICKMAN, J.

This is an action for a declaratory judgment coupled with a request for injunctive relief. The case was tried at Special Term before the court without a jury. At the conclusion of the trial, the parties stipulated to waive submission of proposed findings.

From the preponderant evidence presented at the trial, I find the facts substantially as follows:

The defendants, J. Burch McMorran and Austin Sarr are, respectively...

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