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GREGORY v. DiFLORIO

Civ. No. 1969-121.

298 F.Supp. 1360 (1969)

Donald GREGORY, Sr., doing business as 233 Company, and Donald Gregory, Jr., Plaintiffs, v. Aldo L. DiFLORIO, Individually and in his capacity as District Attorney of Niagara County, Lockport, New York; John J. Collins, Individually and in his capacity as Superintendent of Police, City of Niagara Falls, New York; and Albert Lynch, Individually and in his capacity as Head of the Confidential Squad of the City of Niagara Falls Police Department, Defendants.

United States District Court W. D. New York.

April 25, 1969.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y. (Herald P. Fahringer, Buffalo, N. Y., of counsel), for plaintiffs.

James Milne (Corp. Counsel), Niagara Falls, N. Y., for defendants Lynch and Collins.

Samuel L. Tavano (Niagara County Atty.), and Shavasp Hanesian (Asst. Dist. Atty.), Niagara Falls, N. Y., for defendant DiFlorio.

CURTIN, District Judge.

By order of this court, dated April 4, 1969, defendants were ordered to show cause why a preliminary injunction, directing the return of plaintiffs' books and other publications now in defendants' possession, custody and control, should not issue on April 9, 1969. The court granted the defendants an adjournment of this return date to April 16, 1969. Apparently because of events occurring on or about April 14 and 15, 1969, plaintiffs, without...

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