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KING v. McCAFFREY

No. 70 Civ. 1894.

321 F.Supp. 344 (1970)

Emily KING, Constant Stashio, Mario Stashio and Owen Hollander, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. Honorable Edward T. McCAFFREY, Justice of the New York Supreme Court, Louis J. Lefkowitz, Attorney General of the State of New York, Louis Evangelista Canz Enterprises, Inc., and 245 East 39th Street, Inc., Individually and on behalf of all other persons similarly situated, Defendants.

United States District Court, S. D. New York.

June 5, 1970.

Attorney(s) appearing for the Case

Mobilization for Youth Legal Services, Jeffrey G. Stark, New York City, of counsel, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. State of New York, by Mortimer Sattler, Asst. Atty. Gen., New York City, for defendants, Lefkowitz and McCaffrey.

MEMORANDUM OPINION AND ORDER

MOTLEY, District Judge.

Plaintiffs Emily King, Constant Stashio, and Maria Stashio1 seek: 1) an order convening a three-judge court pursuant to 28 U.S.C. §§ 2281, 2284 to declare unconstitutional New York Civil Practice Law and Rules § 6312(b); 2) leave to maintain this action as a class action pursuant to Rule 23, Fed.R.Civ. P.

Section 6312(b) requires the posting of an undertaking...

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