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MATHERSON v. LONG ISLAND STATE PARK COMMISSION

No. 358, Docket 35182.

442 F.2d 566 (1971)

Application of Robert MATHERSON and the Oak Beach Inn Corp., Plaintiffs-Appellants, v. The LONG ISLAND STATE PARK COMMISSION and the Jones Beach Parkway Authority, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 5, 1971.

Attorney(s) appearing for the Case

Arthur J. Powers, Bay Shore, N. Y. (Keenan & Powers, Bay Shore, N. Y., on the brief), for plaintiffs-appellants.

Robert S. Hammer, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., New York City, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal from a judgment entered in the United States District Court for the Eastern District of New York on May 15, 1970, dismissing the complaint and the amended complaint which sought to enjoin the named state agencies from allegedly violating appellants' constitutional rights to equal protection of the laws and due process under the Fourteenth Amendment through alleged police and other official interference with appellants' business...

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