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CLARK v. TOWN OF GREENBURGH

No. 40, Docket 34576.

436 F.2d 770 (1971)

E. Payson CLARK, Jr., et al., Plaintiffs-Appellants, v. The TOWN OF GREENBURGH et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 7, 1971.

Attorney(s) appearing for the Case

Arthur S. Olick, New York City, for plaintiffs-appellants.

George A. Barron, Town Atty., Elmsford, N. Y., for Town and Town officials, defendants-appellees.

Daniel M. Cohen, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., State of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for Secretary of State, Attorney General, and State of New York, defendants-appellees.

Before ANDERSON and FEINBERG, Circuit Judges, and WEINFELD, District Judge.

FEINBERG, Circuit Judge:

Plaintiffs, 23 residents and two civic associations of defendant Town of Greenburgh, appeal from orders of the United States District Court for the Southern District of New York, Sylvester J. Ryan, J., denying plaintiffs' motion to convene a three-judge court and granting defendants' motions to dismiss the complaint. Appellees are the Town of Greenburgh, its elected officers, the Secretary of State and the Attorney General of New York State...

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