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DeMARIA v. JONES

No. 76 Civ. 1297 (CHT).

416 F.Supp. 291 (1976)

Michael DeMARIA and Frank Bachetti, Petitioners, v. Robert JONES, Special Agent of the Drug Enforcement Administration, Individually and in his official capacity, et al., Respondents.

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

May 3, 1976.

Attorney(s) appearing for the Case

Frederick H. Cohn, New York City, for plaintiffs.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for the Federal defendants in their official capacities; Richard J. McCarthy, Asst. U. S. Atty., New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for State defendants; Rhonda Amkraut Bayer, Deputy Asst. Atty. Gen., of counsel.

MEMORANDUM

TENNEY, District Judge.

Petitioners moved before this Court, by order to show cause, for injunctive relief pursuant to Fed.R.Civ.P. 65(a) and for money damages. Jurisdiction was predicated upon 28 U.S.C. §§ 1331, 1343 and 2201, invoking the Court's authority to hear issues raised under 42 U.S.C. §§ 1981, 1983, and the Fifth and Fourteenth Amendments to the United States Constitution. Respondents have moved to dismiss the complaint...

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