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AHMED v. ROCKEFELLER

No. 69 Civ. 4862.

308 F.Supp. 935 (1970)

Omar AHMED, Lloyd Douglas, Jessie Gray, Abdul Rahman Zaid, Sandra Bacon, Kenneth Singleton, Ahmed X, Plaintiffs, v. Nelson ROCKEFELLER, John V. Lindsay, Howard Leary, Ernest Moran and Frank Hogan, Defendants.

United States District Court S. D. New York.

January 7, 1970.

Attorney(s) appearing for the Case

Fred Samuel, Chief Counsel, Harlem Assertion of Rights, Inc., New York City, for plaintiffs (Carl O. Callender, Brooklyn, N.Y., Peggy Davis and Darryl Nicholas, of counsel).

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants Nelson Rockefeller and Ernest Moran (Hillel Hoffman, Asst. Atty. Gen., of counsel).

J. Lee Rankin, Corp. Counsel, New York City, for defendants John V. Lindsay and Howard Leary (Victor P. Muskin, Asst. Corp. Counsel, of counsel).

Frank S. Hogan, Dist. Atty. of New York County, New York City, for defendant Frank Hogan (Robert Tanenbaum, Asst. Dist. Atty., of counsel).

OPINION

MacMAHON, District Judge.

Defendants move to dismiss plaintiffs' action for a declaratory judgment, damages and injunctive relief. The motions are grounded on lack of jurisdiction, failure to present a substantial federal question and failure to state a claim upon which relief can be granted.

This law suit concerns a New York State criminal prosecution for trespass under § 140.10 of the New...

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