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BJARSCH v. DiFALCO

No. 68 Civ. 4216.

300 F.Supp. 960 (1969)

Marianne BJARSCH and Werner Kleiner, Plaintiffs, v. S. Samuel DiFALCO and Samuel J. Silverman, Surrogates of the County of New York, and Bank of North America, as Trustee under the Last Will and Testament of Hanna Elizabeth Cosgrove, Deceased, Defendants.

United States District Court S. D. New York.

April 7, 1969.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiffs, Martin Popper, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, for defendants S. Samuel DiFalco and Samuel J. Silverman, Warren M. Goidel, Ass't Atty. Gen., New York City, of counsel.

Cole & Deitz, New York City, for defendant Bank of North America.

OPINION

HERLANDS, District Judge:

Plaintiffs have moved for the convening of a three-judge court pursuant to 28 U.S.C. §§ 2281, 2284 (1964). The motion is granted because a substantial question has been raised as to the constitutionality of a provision of a New York State statute. Appropriate reference to the Chief Judge of the Circuit will be made forthwith.

Plaintiffs are the remaindermen of a trust established under the last will and...

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