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DE KOSENKO v. STATE OF NEW YORK

No. 756, Docket 34505.

427 F.2d 351 (1970)

Maria DE KOSENKO, individually, and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. The STATE OF NEW YORK and State Administrator of the Administrative Board of the Judicial Conference of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 14, 1970.

Attorney(s) appearing for the Case

Bradley B. Davis, New York City, for plaintiff-appellant.

Lloyd G. Milliken, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., George D. Zuckerman, New York City, on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, WATERMAN, Circuit Judge, and JAMESON, District Judge.

PER CURIAM:

Alleging that she has a cause of action pending in the Supreme Court of the State of New York, County of New York, in which she has demanded a jury trial, and a delay of 29 months in the general jury calendar, plaintiff seeks a judgment declaring that the "current court calendar situation * * * is depriving plaintiff of due process of law, equal protection of the law and punishing her for exercising her right to demand a jury trial,1...

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