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WOLIN v. PORT OF NEW YORK AUTHORITY

No. 251, Docket 31715.

392 F.2d 83 (1968)

Ronald G. WOLIN, Individually and on Behalf of Veterans and Reservists to End the War in Veitnam and the Fifth Avenue Vietnam Peace Parade Committee, Plaintiff-Appellee-Cross-Appellant, v. PORT OF NEW YORK AUTHORITY, Albert Rubbert, Manager of the Port Authority Bus Terminal, Captain Robert Friend, Commanding Officer of Port Authority Terminal Police, Lieutenant James Pettis, Lieutenant Fred Rackowski, Lieutenant Hugo Serrati, Lieutenant Anthony Unetich and Lieutenant George Gaulrapp, Officers of the Port Authority Terminal Police, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 1, 1968.

Attorney(s) appearing for the Case

Bradley R. Brewer, New York City (Eugene G. Eisner, David Fitzpatrick, Henry di Suvero, New York City, New York Civil Liberties Union, on the brief), for plaintiff-appellee-cross-appellant.

Patrick J. Falvey, New York City (Sidney Goldstein, Arthur M. Schneider, New York City, on the brief), for defendants-appellants.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Ronald Wolin and the organizations he represents1 have brought before this court questions that are significant and perplexing. We set them forth seriatim. May the Port of New York Authority2 bar the use of its Terminal to all exercise of First Amendment rights? Are the peaceful activities proposed by the plaintiff, including distribution...

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