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JOHNSON v. DURANTE

No. 73 C 1159.

387 F.Supp. 149 (1975)

Walter JOHNSON et al., Plaintiffs, v. John J. DURANTE, in his official capacity as County Clerk of Queens County, and John F. Kenna, in his capacity as First Deputy County Clerk of Queens County, Defendants.

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

January 2, 1975.

Attorney(s) appearing for the Case

William Gallagher, The Legal Aid Society by Robert Hermann and Donald H. Zeigler, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York by Robert S. Hammer, Asst. Atty. Gen., New York City, for defendants.

MEMORANDUM AND ORDER

NEAHER, District Judge.

This class action for declaratory and injunctive relief, brought under 42 U.S. C. § 1983 and 28 U.S.C. §§ 1343(3) and 2201, challenges defendants' actions, under color of State law, in establishing a yearly list of qualified grand jurors in Queens County, New York, that is allegedly not representative by sex, occupation, locality and race of the county as a

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