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LANE v. McDEVITT

Civ. A. No. 40317.

255 F.Supp. 413 (1966)

Earl LANE v. Hon. John J. McDEVITT, III, Arlen Specter, John P. Mason, Edward Friedman.

United States District Court E. D. Pennsylvania.

May 24, 1966.

Attorney(s) appearing for the Case

Lois Forer, Philadelphia, Pa., for plaintiff.

John Mattioni, Philadelphia, Pa., for Hon. John J. McDevitt, III.

Michael Rotko, Philadelphia, Pa., for Arlen Specter, John P. Mason, and Edward Friedman.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LUONGO, District Judge.

This is an action under the Civil Rights Act to enjoin a criminal prosecution presently under way in the state court.

The power of this Court to issue an injunction under these circumstances is not free from doubt. 28 United States Code, Section 2283, prohibits injunction of state court proceedings except where expressly authorized by law.

In Dombrowski v. Pfister,

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