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GWATHMEY v. TOWN OF EAST HAMPTON

No. 303, Docket 35160.

437 F.2d 351 (1970)

Robert GWATHMEY and William Durham, suing on his own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. TOWN OF EAST HAMPTON, John Henry Doyle, Chief of Police of the Town of East Hampton, George J. Aspland, District Attorney of Suffolk County, and Louis J. Lefkowitz, Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 24, 1970.

Attorney(s) appearing for the Case

Victor Rabinowitz, New York City (Rabinowitz, Boudin & Standard, and Edward F. X. Ryan, Jr., New York City, on the brief), for appellants.

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

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

PER CURIAM:

This is a companion case to Long Island Vietnam Moratorium Committee v. Cahn, 437 F.2d 344 (2d Cir., decided Dec. 24, 1970), and involves an appeal by plaintiffs from an order of the District Court for the Eastern District of New York denying their motion for the convening of a three-judge court pursuant to 28 U.S.C. §§ 2281 and 2284, and dismissing their complaint.

On June 18, 1970, Gwathmey was arrested...

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