ENGELMAN v. CAHN

No. 217, Docket 33806.

425 F.2d 954 (1969)

Isidore ENGELMAN, Plaintiff-Appellee, v. William CAHN, as District Attorney of the County of Nassau, State of New York, Thomas DePaola, "John" Baldwin, "John Doe" and "Richard Roe," Individually and as police officers of the Nassau County Police, the names "John," "John Doe" and "Richard Roe" are fictitious and unknown to plaintiff and are intended to be and are hereby designated as other officers of the Nassau County Police who have knowledge or are depositories of telephone wiretapped or bugged conversations hereinafter in this complaint described, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided December 15, 1969.

Certiorari Denied March 30, 1970.


Attorney(s) appearing for the Case

Abraham Engelman, New York City, for plaintiff-appellee.

George D. Levine, Asst. Dist. Atty., Nassau County, Mineola, N. Y. (William Cahn, Dist. Atty. of Nassau County, Morris H. Schneider, County Atty. of Nassau County and Saul Roth, Deputy County Atty. of Nassau County, of counsel), for defendants-appellants.

Before FRIENDLY, SMITH and HAYS, Circuit Judges.


Certiorari Denied March 30, 1970. See 90 S.Ct. 1238.

FRIENDLY, Circuit Judge:

This action, in which federal jurisdiction was asserted under the jurisdictional implementation, 28 U.S.C. § 1343(3), of the Civil Rights Act, 42 U.S.C. § 1983, was brought in the District Court for the Eastern District of New York in February 1968. The complaint alleged that on January 26, 1968, Detective DePaola, one of the defendants here, filed a two count information...

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