AMERICAN BROADCASTING COMPANIES, INC. v. CUOMO

No. 77-7476.

570 F.2d 1080 (1977)

AMERICAN BROADCASTING COMPANIES, INC., Robert L. Crivelli, Apula Borger, Vernon M. Kerrick, Philip M. Godfrey, Charles N. Mertz and Jonathan J. Olken, Plaintiffs-Appellants, v. Mario M. CUOMO, Edward I. Koch, and Michael J. Codd, Individually and as Police Commissioner of the City of New York, Defendants-Respondents.

United States Court of Appeals, Second Circuit.

September 21, 1977.


Attorney(s) appearing for the Case

Philip Forlenza, W. Cullen MacDonald, Hawkins, Delafield & Wood, New York City (ABC et al.), for plaintiffs-appellants.

Leonard Koerner, Corp. Counsel, New York City, for Codd.

Fabian G. Palomino, Corner, Finn, Dwyer & Charles, Brooklyn, N.Y., for Cuomo.

Edward N. Costikyan, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Koch.

Before GURFEIN and VAN GRAAFEILAND, Circuit Judges, and COFFRIN, District Judge.


Statement made by the court at the disposition of the appeal in open court.

GURFEIN, Circuit Judge.

In view of the shortness of time, we will deliver an oral opinion subject to editing and corrections that may occur to us when we read the text. In the meantime, the opinion is being taken down on tape and will be available to counsel.

This is an appeal from an order of Judge Kevin Duffy dismissing the complaint and refusing to sign a temporary restraining...

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