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BELKNAP v. LEARY

No. 883, Docket 34957.

427 F.2d 496 (1970)

Michael BELKNAP et al., Plaintiffs-Appellees, v. Howard R. LEARY, Police Commissioner of the City of New York, Inspector Harold Schryner et al., Joseph Inserra, Thomas Woodford, Robert Kesinger, Larry Tallman et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 29, 1970.

Attorney(s) appearing for the Case

Burt Neuborne, New York City, New York Civil Liberties Union.

Morton P. Cohen, Brooklyn Legal Service Corp B, South Brooklyn Branch.

Mary M. Kaufman, New York City, National Lawyers Guild, for plaintiffs-appellees.

J. Lee Rankin, Corp. Counsel, City of New York, for defendants-appellants.

Before LUMBARD, Chief Judge, and FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge:

On May 27, 1970, plaintiffs asked Judge Motley in the District Court for the Southern District of New York, to issue, without notice to defendants, an order in an action instituted by plaintiffs under the Civil Rights Act, 42 U.S.C. § 1983, to restrain the Police Commissioner of New York City and his subordinates from failing to accord protection against physical harm at any legally constituted public demonstration over the Memorial Day...

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