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LATHAM v. TYNAN

No. 73, Docket 34668.

435 F.2d 1248 (1970)

John LATHAM and Rachel Greene, Plaintiffs-Appellants, v. John J. TYNAN, Commissioner of Motor Vehicles, State of Connecticut, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 16, 1970.

Attorney(s) appearing for the Case

Bruce N. Berwald and Norman K. Janes, Willimantic, Conn. (William H. Clendenen, Jr., Joanne Faulkner, New Haven, Conn., and Elliot R. Taubman, Hartford, Conn., of counsel), for plaintiffs-appellants.

Robert K. Killian, Atty. Gen. of Conn., and Stephen J. O'Neill, Asst. Atty. Gen., Hartford, Conn., for defendant-appellee.

Before DANAHER, FRIENDLY and HAYS, Circuit Judges.

DANAHER, Senior Circuit Judge:

Appellants, predicating their action upon 42 U.S.C. § 1983, asked that a three-judge district court be convened to declare that the Connecticut Motor Vehicle Financial Responsibility Act1 is unconstitutional, and thereupon that the court order a permanent injunction restraining the Commissioner of Motor Vehicles from suspending their right to operate and register motor vehicles. District Judge Clarie...

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