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LAVERNE v. CORNING

No. 67 Civ. 2830.

316 F.Supp. 629 (1970)

Erwine LAVERNE and Estelle Laverne, Plaintiffs, v. Howard J. CORNING, Jr., Mayor, Hutchinson Dubosque, Deputy Mayor, Police Commissioner, and a Trustee, Orin Leach, John Mackay and Douglas Despard, Trustees, Martin Dwyer, Chairman of the Planning Board, Hugh Johnson, Building Inspector, and Edward J. Meehan, Police Sergeant, jointly and severally and individually and as respective officers as stated of the Incorporated Village of Laurel Hollow, Defendants.

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

Supplemental Memorandum August 20, 1970.

Attorney(s) appearing for the Case

Lubell, Lubell, Fine & Schaap, New York City, for plaintiffs; Jonathan W. Lubell and Stephen L. Fine, New York City, of counsel.

Morris H. Schneider, County Atty. of Nassau County, N. Y., for defendants; Gerrold N. Cohen, Deputy County Atty., of counsel.

TENNEY, District Judge.

This action commenced by plaintiffs Erwine and Estelle Laverne under the Federal Civil Rights Act, 42 U.S.C. § 1981 et seq., alleges in two separate counts on behalf of the plaintiff husband and wife, respectively, that on three specified dates in 1962 the defendants, while acting in their official capacity as officers of the Incorporated Village of Laurel Hollow (hereinafter referred to as...

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