McMILLAN v. WAGNER


239 F.Supp. 32 (1964)

Robert R. McMILLAN, Plaintiff, v. Robert F. WAGNER, Mayor of the City of New York and Chairman and a member of the Board of Estimate of the City of New York, et al., Defendants.

United States District Court S. D. New York.

September 12, 1964.


Attorney(s) appearing for the Case

John A. Esposito, Brooklyn, N. Y., for plaintiff.

Leo A. Larkin, Corp. Counsel, New York City, for City of New York.


McLEAN, District Judge.

This is a motion, pursuant to 28 U.S.C. § 2281, to convene a three-judge court. Plaintiff sues as a taxpayer and voter of the City of New York. Defendants are a number of city officials, among whom are the Mayor, Comptroller, President of the City Council, and the five Borough Presidents, who comprise the Board of Estimate of the City of New York. The Attorney General and the Secretary of State...

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