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OVERSTOCK BOOK COMPANY v. BARRY

No. 69-C-516.

305 F.Supp. 842 (1969)

OVERSTOCK BOOK COMPANY, Inc. (a Body Corporate of the State of New York), County of Suffolk, Deer Park, L. I., New York, Petitioner, v. John L. BARRY, in his capacity as Police Commissioner for the County of Suffolk Police Department, Hauppauge, New York and George J. Aspland, in his capacity as District Attorney for the County of Suffolk, State of New York, Riverhead, New York, Defendants, Jointly and Severally.

United States District Court E. D. New York.

October 31, 1969.

Attorney(s) appearing for the Case

Floyd Sarisohn, Commack, N.Y., for petitioner; Robert Eugene Smith, Towson, Md., of counsel.

George J. Aspland, Dist. Atty., Suffolk County, Riverhead, N.Y., attorney for defendants; David F. Jordan, Asst. Dist. Atty., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, pro se, etc.; Charles A. LaTorella, Jr., Asst. Atty. Gen., of counsel.

TRAVIA, District Judge.

This matter comes on by way of a motion by the plaintiff for preliminary and permanent injunctions, for declaratory judgment, for damages and for the convening of a Three Judge Court. The defendants and the Attorney General of the State of New York seek by way of cross motions to dismiss the action under F.R.Civ.P. 12(b) (1) and (6), contending that this court lacks subject matter jurisdiction (failure to raise a substantial federal question...

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