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FIFTH AVENUE PEACE PARADE COMMITTEE v. GRAY

No. 546, Docket 72-1439.

480 F.2d 326 (1973)

The FIFTH AVENUE PEACE PARADE COMMITTEE, an unincorporated association, et al., Plaintiffs-Appellants, v. L. Patrick GRAY 3rd, Acting Director of the Federal Bureau of Investigation, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 12, 1973.

Attorney(s) appearing for the Case

Arthur M. Handler, New York City (Donald D. Shack, Richard M. Resnik, Barry H. Mandel, New York City, and Burt Neuborne, New York Civil Liberties Union, New York City, of counsel), for plaintiffs-appellants.

Daniel Riesel, Asst. U. S. Atty, New York City (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., and Dennison Young, Jr., Asst. U. S. Atty., New York City, of counsel), for defendants-appellees Gray and Malone.

Alan G. Blumberg, New York City (Szold, Brandwen, Meyers & Altman, New York City, of counsel), for defendant-appellee Amalgamated Bank.

Before HAYS, MULLIGAN and OAKES, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal by the Fifth Avenue Peace Parade Committee, Deborah D. Weisburd and Robert H. Silk, from a judgment of the United States District Court for the Southern District of New York, entered on February 16, 1972, after a non-jury trial before Hon. Harold R. Tyler, Jr., dismissing their complaint on the merits. Essentially plaintiffs complained that an FBI investigation conducted immediately prior to the November 14-16, 1969 Moratorium...

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