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CITIZENS FOR A BETTER ENVIRONMENT, INC. v. NASSAU COUNTY

No. 238, Docket 73-2019.

488 F.2d 1353 (1973)

CITIZENS FOR A BETTER ENVIRONMENT, INC., on behalf of itself and its employees, et al., Plaintiffs-Appellants, v. NASSAU COUNTY et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 14, 1973.

Attorney(s) appearing for the Case

Alexander B. Grannis, New York City (Berle, Butzel & Kass, New York City), for plaintiffs-appellants.

Natale C. Tedone, Deputy County Atty. (Joseph Jaspan, County Atty. of Nassau County, Biagio F. Giaquinto, Senior Deputy County Atty., Mineola, N. Y., of counsel), for defendants-appellees Nassau County and others.

John Capilli, Deputy Town Atty. (John F. O'Shaughnessy, Town Atty., Town of Hempstead, Francis T. Purcell, and others, as members of the Town Board and Governing Body of the Town of Hempstead, of counsel), for defendants-appellees Francis T. Purcell, and others.

Kenneth C. Butterfield, Town Atty., Town of Huntington, N. Y., for defendants-appellees Jerome A. Ambro, Thomas J. Casey, Joseph A. Clemente, Richard V. Holahan and Leonard L. Horn, as the Members of the Town Board of the Town of Huntington.

Before SMITH, MULLIGAN and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This appeal from denial of a motion for preliminary injunction in the United States District Court for the Eastern District of New York, Anthony J. Travia, Judge, involves the narrow issue of whether plaintiffs are entitled to a preliminary injunction to restrain the police departments of two Long Island counties from enforcing local solicitation ordinances against plaintiffs' door-to-door educational and fund-raising campaign...

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