Frohman HOLLAND, Irving Holland, Harvey Miller, Robert Saunders, Bert Gilbert, on their own Behalf and on Behalf of all other Persons Similarly Situated, Plaintiffs,
v.
Frank S. HOGAN, District Attorney and Samuel Yasgur, Assistant District Attorney and Each and Every Assistant District Attorney of New York County, and Samuel Adler, Defendants.
United States District Court S. D. New York.https://leagle.com/images/logo.png
June 27, 1967.
June 27, 1967.
Attorney(s) appearing for the Case
Weil, Gotshal & Manges, New York City, for plaintiffs, Ira M. Millstein, Marshall C. Berger, Donald J. Williamson, New York City, of counsel.
Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiffs-intervenors Richmond Kotcher, Norton Kotcher, David Gimpel and Jack Sacks, Edward N. Costikyan, Thomas R. Farrell, New York City, of counsel.
Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for plaintiffs-intervenors Michael W. Cammarosano and Edward Brennan and all other officers and employees of the Borden Co., Kent V. Lukingbeal, New York City, of counsel.
Frank S. Hogan, Dist. Atty., of New York County, for defendants Frank S. Hogan, Samuel Yasgur, and others, H. Richard Uviller, Samuel Yasgur, Michael Stack, Asst. Dist. Attys., of counsel.
J. Lee Rankin, Corp. Counsel, City of New York, for defendant Samuel Adler, Morgan N. Lipton, Vincent Zichello, Asst. Corp. Counsel, of counsel.
Louis J. Lefkowitz, Atty. Gen., of the State of New York, intervenor-defendant, pro se, Samuel A. Hirshowitz, First Asst. Atty. Gen., Brenda Soloff, Asst. Atty. Gen., Karla Moskowitz, Asst. Atty., of counsel.
Before MOORE, Circuit Judge, and RYAN and HERLANDS, District Judges.
United States District Court S. D. New York.
OPINION
HERLANDS, District Judge:
This two-pronged motion by plaintiffs seeking a temporary injunction and a summary judgment for a permanent injunction presents a threshold issue concerning the Court's assumption of jurisdiction and a basic substantive issue concerning the constitutionality of certain state statutes and of the conduct of the defendant county and municipal officers in applying those statutes. The initial question is whether, in the particular...
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