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SCHWARTZ v. ROMNES

Nos. 125-127, Dockets 73-1680, 73-1696, 73-1713.

495 F.2d 844 (1974)

Donald E. SCHWARTZ, as the general guardian for Pamela B. Schwartz, a minor, in a derivative capacity as a shareholder of American Telephone and Telegraph Company, Plaintiff-Appellee, v. H. I. ROMNES et al., Defendants-Appellants, Louis J. Lefkowitz, Attorney General of the State of New York, Intervenor-Appellant, and Yes for Transportation in New York State, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided April 2, 1974.

Attorney(s) appearing for the Case

Lawrence E. Walsh, New York City (Philip C. Potter, Jr., Guy Miller Struve, Davis, Polk & Wardwell, New York City, of counsel), for individual appellants.

Lippman Bodoff, New York City, for appellant American Telephone and Telegraph Co.

George E. Ashley, New York City (Kenneth J. Lucey, New York City, of counsel), for N.Y. Telephone Co.

Irving Galt, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of N.Y., Stanley Kantor, Deputy Asst. Atty. Gen., New York City, of counsel), for intervenor-appellant pro se.

H. Miles Jaffe, New York City (Norwick, Raggio & Jaffe, New York City, of counsel), for appellee.

Before KAUFMAN, Chief Judge, MANSFIELD and MULLIGAN, Circuit Judges.

MANSFIELD, Circuit Judge:

At issue on this appeal is whether the expenditure of $50,000 by the New York Telephone Company ("NYT") in 1971 for the purpose of publicizing views with respect to a proposed state public transportation bond issue to be submitted to the voters of New York for a referendum vote violated a New York statute (§ 460, N.Y.Election Law, McKinney's Consol.Laws, c. 171) prohibiting corporate contributions for political...

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