MERCO PROPERTIES, INC. v. GUGGENHEIMER

No. 73 Civ. 4658.

395 F.Supp. 1322 (1975)

MERCO PROPERTIES, INC., and Joseph Merolla, Plaintiffs, v. Elinor GUGGENHEIMER, Commissioner of the Department of Consumer Affairs, City of New York, et al., Defendants.

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

June 3, 1975.


Attorney(s) appearing for the Case

Charles Sutton, New York City, for plaintiffs.

Corporation Counsel's Office, N.Y.C., by Joseph I. Lauer, Joseph Halpern and K. Jane Fankhanel, New York City, for defendants.


MEMORANDUM

STEWART, District Judge:

Plaintiffs bring this action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201, seeking declaratory and injunctive relief, to restrain defendants from enforcing a New York City ordinance requiring the licensing of cabarets and catering establishments on the ground that such ordinance is unconstitutional on its face and as applied.1

Plaintiff Merco Properties, Inc. ("Merco...

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