GOLDSTEIN v. COX

No. 66 Civ. 4487.

299 F.Supp. 1389 (1968)

Anghel GOLDSTEIN, also known as Andrei Pietraru, Iuliu Nasta, also known as Iulius Nasta and Gheorghe Fundi, on behalf of themselves and all others similarly situated, Plaintiffs, v. Joseph A. COX and S. Samuel DiFalco, Surrogates of the County of New York, Edward S. Silver, Surrogate of the County of Kings, Christopher C. McGrath, Surrogate of the County of Bronx, John T. Clancy, Surrogate of the County of Queens and Arthur Levitt, Comptroller of the State of New York, Defendants.

United States District Court S. D. New York.

December 18, 1968.


Attorney(s) appearing for the Case

John R. Vintilla, Cleveland, Ohio, Emanuel Eschwege, New York City, Novak N. Marku, Canton, Ohio, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants; Daniel M. Cohen, Asst. Atty. Gen., of counsel.

Before KAUFMAN, Circuit Judge, McLEAN and TENNEY, District Judges.


McLEAN, District Judge.

The three plaintiffs in this action are nationals and residents of Rumania. They sue "on behalf of themselves and all other residents of Romania, similarly situated" for a judgment declaring that Section 2218 of the New York Surrogate's Court Procedure Act, formerly Section 269-a of the Surrogate's Court Act, is unconstitutional.* They also seek an injunction restraining...

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