McCLENDON v. ROSETTI

No. 328, Docket 71-1890.

460 F.2d 111 (1972)

Harold McCLENDON et al., Plaintiffs-Appellants, v. Thomas E. ROSETTI, individually and as Police Property Clerk of the City of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 12, 1972.


Attorney(s) appearing for the Case

Kalman Finkel, of The Legal Aid Society, New York City (Helaine Barnett, Allan L. Gropper and John E. Kirklin, New York City, of counsel), for plaintiffs-appellants.

Nina G. Goldstein, New York City (J. Lee Rankin and Stanley Buchsbaum, New York City, of counsel), for defendant-appellee.

Before ANDERSON, OAKES and TIMBERS, Circuit Judges.


OAKES, Circuit Judge:

This case was briefed and argued primarily on the question whether there was jurisdiction under the Civil Rights Act, 28 U.S.C. § 1343(3) and 42 U.S.C. § 1983, in view of the fact that plaintiffs-appellants were primarily seeking to protect rights to their property. Since the Supreme Court had noted probable jurisdiction in three cases1 dealing with the issue and at least one of them, Lynch v. Household...

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