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BROCKWAY v. TOFANY

No. 70 Civ. 277.

310 F.Supp. 266 (1970)

Benjamin F. BROCKWAY, on his own behalf and on behalf of all others similarly situated, Plaintiff, 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.

March 19, 1970.

Attorney(s) appearing for the Case

The Legal Aid Society of Westchester County, for plaintiff; by Martin A. Schwartz, and Victor J. Rubino, New Rochelle, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, for defendant; by Joel H. Sachs, Asst. Atty. Gen., New York City, of counsel.

OPINION

POLLACK, District Judge.

The complaint in this action and the plaintiff's motion before the Court seek the convening of a three judge court and declaratory and injunctive relief under the Civil Rights Act, 42 U.S.C. § 1983, and damages under the same Act. The complaint and the motion also seek a determination that this action is maintainable as a class action.

Defendant has cross moved to dismiss the complaint for lack of jurisdiction...

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