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GOLD v. LOMENZO

No. 346, Docket 34144.

425 F.2d 959 (1970)

David C. GOLD, Plaintiff-Appellant, v. John P. LOMENZO, individually and as Secretary of State of the Department of State of the State of New York, The Department of State of the State of New York and Howard R. Leary, individually and as Police Commissioner of the Police Department of the City of New York, Defendants-Respondents.

United States Court of Appeals Second Circuit.

Decided January 22, 1970.

Attorney(s) appearing for the Case

Norman J. Mordkofsky, New York City, for plaintiff-appellant.

Charles A. LaTorella, Jr., Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, of counsel), for defendants-respondents.

Before FRIENDLY, HAYS and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

David C. Gold, the holder of a real estate broker's license issued under § 441 of the New York Real Property Law, McKinney's Consol.Laws, c. 50, brought this action in the District Court for the Southern District of New York. Federal jurisdiction was alleged under the civil rights jurisdictional statute, 28 U.S.C. § 1343(3)-(4). He sought to enjoin the enforcement of an order of the New York Secretary of State suspending his license...

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