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GRAS v. STEVENS

No. 76 Civ. 9-C.L.B.

415 F.Supp. 1148 (1976)

Bruce Malcolm GRAS, Plaintiff, v. The Honorable Harold A. STEVENS, Presiding Justice of the Supreme Court of the State of New York, Appellate Division, First Judicial Department and all the Justices thereof, et al., Defendants.

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

May 6, 1976.

Attorney(s) appearing for the Case

Deyan Ranko Brashich, New York City (Brashich, Finley & Postel, New York City, of counsel), for plaintiff.

Vincent J. Malone, New York City (Parker, Duryee, Zunino, Malone & Carter, New York City, of counsel), for defendant Linda Gras.

Michael P. Fogarty, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, of counsel), for defendants other than Linda Gras.

Before FRIENDLY, Circuit Judge, and BONSAL and BRIEANT, District Judges.

FRIENDLY, Circuit Judge:

This action, wherein federal jurisdiction is predicated on the Civil Rights Act, 42 U.S.C. § 1983 and its jurisdictional implementation, 28 U.S.C. § 1343(3),1 concerns § 237 of the Domestic Relations Law of New York.

The complaint alleged that plaintiff Bruce Malcolm Gras had instituted an action for divorce in the Supreme Court of New York County...

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