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McCLENDON v. ROSETTI

No. 70 Civ. 3851.

369 F.Supp. 1391 (1974)

Harold McCLENDON et al., Plaintiffs, v. Thomas E. ROSETTI, Individually and as Police Property Clerk of the City of New York, Defendant.

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

January 31, 1974.

Attorney(s) appearing for the Case

Kalman Finkel, The Legal Aid Society, New York City, for plaintiffs; Helaine Barnett, Allan L. Gropper, Elaine C. Buck, New York City, of counsel.

Norman Redlich, Corp. Counsel, New York City, for defendant; Paula J. Omansky, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

On April 16, 1972, the Court of Appeals in McClendon v. Rosetti, 460 F.2d 111 (2d Cir. 1972) reversed the late Judge McLean's dismissal of this suit, and ruled that the New York City ordinance which it attacks was unconstitutional as applied here. Plaintiffs are persons whose property had been held by the Police Property Clerk of New York City subject to the provisions of the City's Administrative...

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