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MORITT v. ROCKEFELLER

No. 72 Civ. 1511.

346 F.Supp. 34 (1972)

Fred G. MORITT, Plaintiff, v. Nelson A. ROCKEFELLER, Governor of the State of New York, et al., Defendants.

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

June 12, 1972.

Attorney(s) appearing for the Case

Benjamin Gassman, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., State of New York, Albany, for defendants; Samuel A. Hirshowitz, First Asst. Atty. Gen., Irving Galt, Robert S. Hammer, Asst. Attys. Gen., of counsel.

Burt Neuborne, New York Civil Liberties Union, New York City, for amici curiae Socialist Labor Party, and others.

Before FEINBERG, Circuit Judge, and McLEAN and TENNEY, District Judges.

McLEAN, District Judge:

Plaintiff, Fred G. Moritt, a judge of the Civil Court of New York City, basing jurisdiction on 28 U.S.C. §§ 1331, 1343 and 42 U.S.C. § 1983, has moved this three-judge court, convened pursuant to 28 U.S.C. §§ 2281, 2284, for a declaratory judgment, 28 U.S.C. § 2201, that N.Y. Election Law §§ 131, subd. 2 and 136, subd. 51 (McKinney's Consol. Laws c. 17 1971) are unconstitutional...

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