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BEE SEE BOOKS INC. v. LEARY

No. 68 Civ. 3790.

291 F.Supp. 622 (1968)

BEE SEE BOOKS INC. and V. I. P. Novelties Inc., Plaintiffs, v. Howard LEARY, Police Commissioner of the City of New York, Defendant.

United States District Court S. D. New York.

October 23, 1968.

Attorney(s) appearing for the Case

Flaum, Growman, Sassower, Rosenberg & Postel, New York City, for plaintiffs; Emanuel Growman, Harold Bofshever, New York City, of counsel.

J. Lee Rankin, Corp. Counsel of the City of New York, for defendant; James M. Brachman, Asst. Corp. Counsel, of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

This is an action pursuant to 42 U.S.C. § 1983 to enjoin defendant Police Commissioner of the City of New York from regularly and continuously stationing uniformed policemen in plaintiffs' book stores. Plaintiffs' principal contention is that this course of conduct constitutes an unconstitutional restraint on the distribution and sale of books, magazines, pictures and movies sold in their stores

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