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GAYNOR v. ROCKEFELLER

15 N.Y.2d 120 (1965)

Lloyd Gaynor et al., Appellants, v. Nelson A. Rockefeller, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 14, 1965.

Attorney(s) appearing for the Case

Robert L. Carter, Jerome Rubenstein, Maria L. Marcus, Lewis M. Steel, Sanford M. Katz and W. Eugene Sharpe for appellants.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and George D. Zuckerman of counsel), for Nelson A. Rockefeller and others, respondents.

Leo A. Larkin, Corporation Counsel (Joel L. Cohen and Seymour B. Quel of counsel), for Robert F. Wagner and others, respondents.

Cohn & Glickstein (Samuel Harris Cohen of counsel), Walter M. Colleran, Harold Stern, John J. Mooney, Richard L. O'Hara and John A. McAvinue, Jr., for respondent unions.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

FULD, J.

Suing on behalf of themselves and "all other Negro citizens of New York * * * similarly situated", the four plaintiffs, citizens of the United States and residents of this State, have brought this class action for injunctive and declaratory relief against nine labor unions in the construction industry and various officials of the State and of the City of New York. They challenge the expenditure of public...

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