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RESPRESS v. FERRARA

No. 70 Civ. 4853.

321 F.Supp. 675 (1971)

Darryl RESPRESS, by his father and next friend, Horace Respress, on behalf of himself and all others similarly situated, Plaintiff, v. Vincent J. FERRARA, individually and as Judge of the New York City Family Court, and Florence M. Kelley, individually and as Administrative Judge of the New York City Family Court, Defendants.

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

January 14, 1971.

Attorney(s) appearing for the Case

Marcia Lowry, New York City (John Dewitt Gregory, Community Action for Legal Services, Inc., New York City, of counsel), for plaintiff.

Charles A. LaTorella, Jr., Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, of counsel), for defendants.

Before FRIENDLY, Circuit Judge, and McLEAN and LASKER, District Judges.

FRIENDLY, Circuit Judge:

In this action, wherein federal jurisdiction is predicated on 28 U.S.C. § 1343 (3) and (4), plaintiff seeks an injunction and a declaratory judgment with respect to a constitutional issue which has already been raised in his impending trial for delinquency in the Family Court of New York and can be appealed through the New York judicial hierarchy and then to the Supreme Court of the United States should the need arise. While recognizing...

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