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BROCKWAY v. TOFANY

No. 70 Civ. 3267.

319 F.Supp. 811 (1970)

Benjamin F. BROCKWAY, on his own behalf and on behalf of all others similarly situated, Plaintiffs, v. Vincent L. TOFANY, in his capacity as Commissioner of the Department of Motor Vehicles of the State of New York, Defendant.

United States District Court, S. D. New York,

October 5, 1970.

Attorney(s) appearing for the Case

The Legal Aid Society of Westchester County, White Plains, N. Y., for plaintiffs; Martin A. Schwartz, White Plains, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for defendant; Charles A. LaTorella, Jr., Asst. Atty. Gen., of counsel.

MANSFIELD, District Judge.

In this action arising under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3), plaintiff moves to convene a three-judge court pursuant to 28 U.S.C. §§ 2281 and 2284 to weigh the constitutionality of N.Y. Vehicle and Traffic Law, McKinney's Consol.Laws, c. 71, § 510(6), and for declaratory and injunctive relief and damages. Defendant, in turn, has moved to dismiss the action. Under §

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