GATE FILM CLUB v. PESCE


236 F.Supp. 828 (1964)

GATE FILM CLUB, Plaintiff, v. Louis M. PESCE, Defendant.

United States District Court S. D. New York.

June 11, 1964.


Attorney(s) appearing for the Case

Emanuel Redfield, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., Albany, N. Y., for defendant; Paxton Blair, Sol. Gen., Ruth Kessler Toth, Asst. Sol. Gen., of counsel.


CASHIN, District Judge.

There are two motions presented to the court for determination in the captioned action. First, plaintiff seeks an order for a preliminary injunction enjoining defendant from interfering with the public exhibition of unlicensed motion picture films, and for the convening of a statutory court of three judges pursuant to 28 U.S.C. §§ 2281, 2284 to determine this application. Second, defendant moves for an order dismissing the complaint...

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