SALEM INN, INC. v. FRANK

No. 629, Docket 73-2436.

501 F.2d 18 (1974)

SALEM INN, INC., et al., Appellees, v. Louis J. FRANK, Individually and as Police Commissioner of Nassau County, et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided June 25, 1974.


Attorney(s) appearing for the Case

Joseph H. Darago, Manhasset, N. Y., for appellants.*

Herbert S. Kassner, New York City (Kassner & Detsky, Paul E. Warburgh, Jr., New York City, of counsel), for appellees.

Before LUMBARD, OAKES and TIMBERS, Circuit Judges.


OAKES, Circuit Judge:

This appeal is from the grant of a preliminary injunction by Judge Bartels against the enforcement by the appellants of Local Law No. 1-1973 of the Town of North Hempstead, New York. This ordinance makes it

unlawful for any person conducting, maintaining, or operating a cabaret, bar and/or lounge, dance hall, or discotheque, or any other public place, . . . to suffer or permit any waitress, barmaid, entertainer, or other person who comes...

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