HEANEY v. ALLEN

No. 389, Docket 33683.

425 F.2d 869 (1970)

Walter W. D. HEANEY, James J. Barile, Frank P. Mechler, B. L. Black, Reginald Gold and Barry Markson, Plaintiffs-Appellants, v. James E. ALLEN, Commissioner of Education of the State of New York, Julius Dintenfass, Bernard Lewis, Mahlon Blake, C. Gorham Beckwith, John B. Long and Sam J. Pilliero, constituting the State Board of Chiropractic Examiners, Howard J. Mosher, Secretary of the State Board of Chiropractic Examiners and Louis J. Lefkowitz, Attorney General of the State of New York, Defendants-Respondents.

United States Court of Appeals, Second Circuit.

Decided February 5, 1970.


Attorney(s) appearing for the Case

Joseph Goldberg, New York City, for plaintiffs-appellants.

Hillel Hoffman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendants-respondents.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and JUDD, District Judge.


FRIENDLY, Circuit Judge.

This is one of the increasing number of cases in which plaintiffs who sought the convening of three-judge courts to declare state statutes unconstitutional and to enjoin their enforcement have appealed from orders of district judges denying their requests and dismissing the complaints for want of a substantial federal question. See, e. g., Miller v. New York Stock Exchange, 2 Cir., 425 F.2d 1074, decided January...

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