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WRIGHT v. CHIEF OF TRANSIT POLICE

No. 446, Docket 76-7405.

558 F.2d 67 (1977)

Pat WRIGHT and Jack Lieberman, Plaintiffs-Appellants, v. CHIEF OF TRANSIT POLICE, and Chairman and Members of the Board of the New York City Transit Authority, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 8, 1977.

Attorney(s) appearing for the Case

Herbert Jordan, New York City (K. Randlett Walster, Rabinowitz, Boudin & Standard, New York City, of counsel), for plaintiffs-appellants.

James P. McMahon, Brooklyn, N.Y. (Alphonse E. D'Ambrose, Helen R. Cassidy, Terrance J. Nolan, Brooklyn, N.Y., of counsel), for defendants-appellees.

Stuart Riedel, Gen. Counsel, New York City Transit Authority, Brooklyn, N.Y., for defendant-appellee New York City Transit Authority.

Before FEINBERG, GURFEIN and MESKILL, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiffs, members of the Socialist Workers Party, attempted to sell socialist newspapers in the New York City subway system by displaying their newspapers by hand and trying to engage interested persons in conversation regarding the content of the papers. Transit Authority policemen threatened to ticket them, and the Transit Authority subsequently told plaintiffs that their activity violated Authority regulations. In February 1975, plaintiffs...

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