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LONG ISLAND VIETNAM MORATORIUM COMMITTEE v. CAHN

No. 328, Docket 35287.

437 F.2d 344 (1970)

LONG ISLAND VIETNAM MORATORIUM COMMITTEE, Nassau Council of Women Strike for Peace, Barbara Spadanuta, Mae Newburger, Rhoda Seidel, and Barbara Shack, Plaintiffs-Appellees, v. William CAHN, District Attorney, Nassau County, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 24, 1970.

Attorney(s) appearing for the Case

Burt Neuborne, New York Civil Liberties Union, New York City (David Orlin and Wade Hooker, New York City, on the brief), for appellees.

Steven M. Hochberg, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York and Samuel A. Hirshowitz, on the brief), for appellant.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge:

This is an appeal from a judgment of the Eastern District of New York, sitting as a three-judge court convened pursuant to 28 U.S.C. §§ 2281 and 2284 which declared § 136(a) of the General Business Law of New York constitutional as properly applied, but held that it did not apply to plaintiffs' emblem — a representation of the American flag on which is superimposed a symbol that resembles an inverted trident and is generally...

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