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ZWICKLER v. KOOTA

No. 66-C-375.

290 F.Supp. 244 (1968)

Sanford ZWICKLER, Plaintiff, v. Aaron E. KOOTA, as District Attorney of the County of Kings, Defendant.

United States District Court E. D. New York.

May 6, 1968.

Attorney(s) appearing for the Case

Emanuel Redfield, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, for defendant; Samuel A. Hirshowitz, First Asst. Atty. Gen., Brenda Soloff, Asst. Atty. Gen., of counsel.

Before KAUFMAN, Circuit Judge, ZAVATT, Chief District Judge, and ROSLING, District Judge.

ROSLING, District Judge.

The mandate of the Supreme Court upon reversal in the context of its opinion1 requires this three-judge court to determine whether the facts alleged in the plaintiff Zwickler's complaint disclose a controversy with the defendant District Attorney of sufficient substance to warrant the award of a declaratory judgment. Should we so hold we are called upon then to adjudicate whether the New York statute which plaintiff...

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