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BURMEISTER v. NEW YORK CITY POLICE DEPARTMENT

No. 67 Civ. 2149.

275 F.Supp. 690 (1967)

Peter BURMEISTER, Ronald Johnson and James Hutchinson, for themselves and all others similarly situated, plaintiffs, v. The NEW YORK CITY POLICE DEPARTMENT and Howard R. Leary, individually and as Police Commissioner of the City of New York, Defendants.

United States District Court S. D. New York.

August 29, 1967.

Attorney(s) appearing for the Case

Paul G. Chevigny, New York City, for plaintiff.

Louis Lefkowitz, Atty. Gen. of New York, J. Lee Rankin, Corp. Counsel of City of New York, Joel Lewittes, John J. Loflin, Jr., Milton M. Stein, New York City, of counsel, for defendants.

OPINION

TENNEY, District Judge.

The complaint herein alleges unlawful invasion of the premises of certain of the plaintiffs, together with unlawful arrests under a "nuisance" statute, § 1533 of the New York Penal Law, McKinney's Consol.Laws, c. 40, which plaintiffs assert is unconstitutional. The jurisdiction of this Court is invoked under Title 28 U.S. C. §§ 1343 and 2201 et seq., suit being authorized by Title 42 U.S.C. § 1983. This...

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