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ADICKES v. LEARY

No. 15, Docket 34622.

436 F.2d 540 (1971)

Sandra ADICKES and James Horelick, Plaintiffs-Appellants, v. Howard R. LEARY, Police Commissioner of New York City, Frank S. Hogan, District Attorney of New York City, Andre Clermont, Custodian, Washington Irving High School, Gerald Oak, Principal, Washington Irving High School and Louis Lefkowitz, Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 7, 1971.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City, for appellants.

Lewis R. Friedman, Asst. Dist. Atty. (Frank S. Hogan, Dist. Atty. for New York County, Herman Kaufman, Asst. Dist. Atty., of counsel), for appellee Frank S. Hogan.

Leonard Koerner, New York City (J. Lee Rankin, Corporation Counsel, Stanley Buchsbaum, New York City, and Victor P. Muskin, New York City, of counsel), for appellees. Leary, Clermont and Oak.

Joel H. Sachs, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee-intervenor Attorney General.

Before FRIENDLY, SMITH and HAYS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Sylvester J. Ryan, Judge, granting defendants' motion to dismiss and denying plaintiffs' motion for the convening of a three-judge court and an injunction against the state criminal proceedings brought against plaintiffs. In October, 1968, the United Federation of Teachers declared an illegal strike against the New York...

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