WMCA, INC. v. LOMENZO


246 F.Supp. 953 (1965)

WMCA, INC., R. Peter Straus et al., Plaintiffs, and Anthony J. Travia and Joseph Zaretzki, Plaintiffs-Intervenors, v. John P. LOMENZO, Secretary of State of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, et al., Defendants, and John H. Hughes and Lawrence M. Rulison, Defendants-Intervenors.

United States District Court S. D. New York.

Order Filed July 13, 1965.

Judgment Affirmed December 13, 1965.


Attorney(s) appearing for the Case

Jack Weinstein, Mineola, N. Y., for Hon. Eugene H. Nickerson, Executive, Nassau County; Seymour S. Ross, Mineola, N. Y., of counsel.

Gordon Miller, County Atty., Westchester County, for Francis X. O'Rourke, Chairman, Board of Supervisors, Westchester County; Irving Libenson, Deputy County Atty., of counsel.

Robert B. Fleming, Buffalo, N. Y., for Messrs. Glinsky and Keenan.

Justin N. Feldman, Monroe Goldwater, New York City, for Democratic State Committee.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City; Simon H. Rifkind, Jay Greenfield, New York City, of counsel, for Hon. Anthony J. Travia and Hon. Joseph Zaretski.

Stephen G. Doig, Jr., New York City, for Rockland County, New York, as amicus curiae.

Robinson, Silverman, Pearce, Aronsohn & Sand, New York City, for plaintiffs; Leonard Sand, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, for the State of New York; Orrin G. Judd, New York City, Sp. Counsel; Daniel M. Cohen, Donald Zimmerman, George Zuckerman, New York City, of counsel.

Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., for intervening defendants John Hughes and Lawrence Rulison; Richard S. Scolaro, Syracuse, N. Y., of counsel.

Leo A. Larkin, Corp. Counsel of City of New York, for Board of Elections, President of City Council of City of New York; Morris Handel, George H. P. Dwight, New York City, of counsel.

Before WATERMAN, Circuit Judge, and RYAN and LEVET, District Judges.


Judgment Affirmed December 13, 1965. See 86 S.Ct. 436.

WATERMAN, Circuit Judge:*

We have read the recent opinions of the judges of the New York Court of Appeals with great respect and with no little concern. We have great respect for the individual judges of that court as individual judges, and we share of course with the entire American judicature great respect for that court as a court.

We had thought that the order of...

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