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JOHNSON v. ROCKEFELLER

No. 72 Civ. 1699.

365 F.Supp. 377 (1973)

Calvin JOHNSON et al., Plaintiffs, v. Nelson A. ROCKEFELLER, Governor, State of New York, et al., Defendants.

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

Decided October 9, 1973.

Attorney(s) appearing for the Case

Herman Schwartz, Buffalo, N. Y., (Norman Rosenberg, Edward Koren, New York Civil Liberties Union, Buffalo, N. Y., Melvin Wulf, American Civil Liberties Union, New York City, on the brief), for plaintiffs.

Maria L. Marcus, Asst. Atty. Gen. (Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., of the State of New York, Albany, N.Y., on the brief), for defendants.

Before HAYS, Circuit Judge, and BRYAN and LASKER, District Judges.

HAYS, Circuit Judge:

This class action challenged the constitutionality of New York Civil Rights Law §§ 79 and 79-a (McKinney's Consol. Laws, c. 6, Supp. 1972) as they stood on the date of argument, March 8, 1973.1 The plaintiffs sought injunctive and declaratory relief against the enforcement

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