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GOLDSTEIN v. COX

No. 47, Docket 31396.

391 F.2d 586 (1968)

Anghel GOLDSTEIN, a/k/a Andrei Pietraru, Iuliu Nasta, a/k/a Julius Nasta and George Fundi, on behalf of themselves and all others similarly situated, Appellants, v. Joseph A. COX, and 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, Arthur Levitt, State Comptroller, Appellees.

United States Court of Appeals Second Circuit.

Decided March 8, 1968.

Attorney(s) appearing for the Case

John R. Vintilla, Cleveland, Ohio (Emanuel Eschwege, New York City, and Novak N. Marku, Canton, Ohio, on the brief), for appellants.

Daniel M. Cohen, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, of counsel), for appellees.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

Reconsideration Upon Remand by the Supreme Court of the United States.

PER CURIAM:

Appellants, nationals and residents of Rumania, brought this action seeking an injunction restraining five New York surrogates from enforcing section 269-a of the New York Surrogate's Court Act, McKinney's Consol. Laws c. 59a, on the ground that it is unconstitutional as applied to them. Section 269-a provides:

1. Where it shall appear that a legatee, distributee or...

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