LAW STUDENTS CIVIL RIGHTS RESEARCH COUN., INC. v. WADMOND

68 Civ. 2917, 2938.

299 F.Supp. 117 (1969)

LAW STUDENTS CIVIL RIGHTS RESEARCH COUNCIL, INC., Toby B. Golick, James C. Mauro, Jr. and William H. B. Rodarmor on behalf of themselves and all other persons similarly situated, Plaintiffs, v. Lowell WADMOND, Felix A. Muldoon, Edwin L. Weisl, Mark F. Hughes, Bruce Bromley, Monroe Goldwater, Arthur H. Schwartz, Bernard Teencher, Thomas B. Dyett and Alfred A. Giardino as chairman and members of the Appellate Division First Department Committee on Character and Fitness of Applicants for Admission to the Bar, Defendants. Stephen Martin WEXLER, H. Gabriel Kaimowitz, Robert M. Cover, the Columbia Law Students Guild, New York City Chapter of National Lawyers Guild, Plaintiffs, v. The SUPREME COURT OF the STATE OF NEW YORK, APPELLATE DIVISION, FIRST JUDICIAL DEPARTMENT; the Supreme Court of the State of New York, Appellate Division, Second Judicial Department; the Committee on Character and Fitness, Supreme Court of the State of New York, Appellate Division, First Judicial Department; the Committee on Character and Fitness, Supreme Court of the State of New York, Appellate Division, Second Judicial Department, Defendants.

United States District Court S. D. New York.

February 17, 1969.


Attorney(s) appearing for the Case

Alan H. Levine, New York City, (Jeremiah S. Gutman, Steven Goldsmith, New York City) for plaintiffs Law Students Civil Rights Research Council, Inc., and another.

Leonard B. Boudin, New York City, (David Rosenberg, Rabinowitz, Boudin & Standard, New York City), for plaintiffs Stephen Martin Wexler, and another.

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

David W. Peck, New York City, (Michael M. Maney, Sullivan & Cromwell, New York City) for individual defendants and defendant Committees.

Before FRIENDLY, Circuit Judge, and BONSAL and MOTLEY, District Judges.


FRIENDLY, Circuit Judge:

These two actions for injunctive and declaratory relief, invoking our jurisdiction, 28 U.S.C. § 1343(3), to enforce the Civil Rights Act, 42 U.S.C. § 1983, challenge the constitutional validity of procedures for admission to the New York bar, both generally and particularly as applied in the First and Second Judicial Departments.1 The plaintiffs in 68 Civ. 2938 are three candidates certified as having...

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