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414 THEATER CORP. v. MURPHY

No. 641, Docket 73-2327.

499 F.2d 1155 (1974)

414 THEATER CORP., Appellee, v. Patrick MURPHY, Individually and as Police Commissioner of the City of New York, Bess Myerson, Individually and as Commissioner of the Department of Consumer Affairs of the City of New York, Appellants.

United States Court of Appeals, Second Circuit.

Decided May 17, 1974.

Attorney(s) appearing for the Case

Jesse J. Fine, New York City (Norman Redlich, Corp. Counsel of the City of New York, New York City, Stanley Buchsbaum, Renee Modry, New York City, of counsel), for appellants.

Herbert S. Kassner, New York City, (Kassner & Detsky, New York City), for appellee.

Before LUMBARD, HAYS and OAKES, Circuit Judges.

OAKES, Circuit Judge.

Defendants appeal from the grant by Judge Lasker below of a preliminary injunction proscribing the enforcement against plaintiff of Article 1 of Title B, Chapter 32 of the Administrative Code of the City of New York (article 1).1 414 Theatre Corp. v. Murphy, 360 F.Supp. 34 (S.D.N.Y.1973). Appellee brought its action below under 42 U.S.C. § 1983 and its jurisdictional counterpart...

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