KISSINGER v. NEW YORK CITY TRANSIT AUTHORITY

66 Civ. 836.

274 F.Supp. 438 (1967)

C. Clark KISSINGER, Paul Booth and Lee Baxendall, on behalf of themselves, and on behalf of all other persons similarly situated as members of Students for a Democratic Society, and on behalf of such Committee, Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY, New York Subways Advertising Co., Inc., Joseph E. O'Grady, John J. Gilhooley, Daniel T. Scannell, Thomas O'Ryan and John P. Cullen, Defendants.

United States District Court S. D. New York.

September 12, 1967.


Attorney(s) appearing for the Case

Jeremiah S. Gutman, New York City, for plaintiffs. Stephen A. Hopkins, New York City, of counsel.

Sidney Brandes, Brooklyn, N. Y., for defendants New York City Transit Authority, Joseph E. O'Grady, John J. Gilhooley and Daniel T. Scannell. Edward W. Summers, Brooklyn, N. Y., of counsel.

Reavis & McGrath, New York City, for defendants New York Subways Advertising Co., Thomas O'Ryan and John P. Cullen. Martin D. Jacobs, New York City, of counsel.


MEMORANDUM

BONSAL, District Judge.

Plaintiffs, members of "Students for a Democratic Society" (Students), bring this action under 42 U.S.C. § 1983 seeking a declaratory judgment that the defendants are required to accept for display on the walls in New York City subway station platforms two posters (the posters) opposing United States participation in the war in Vietnam. Plaintiffs contend that this court has jurisdiction based upon 28 U.S.C. §...

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