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BRACHE v. COUNTY OF WESTCHESTER

80 Civ. 4228-CSH.

507 F.Supp. 566 (1981)

Robert BRACHE and Edna Franza, Plaintiffs, v. COUNTY OF WESTCHESTER, Alfred Del Bello, Kenneth Hale, Samuel S. Yasgur, Thomas Delaney, Jerome Herlihy and Terrence Shames, Defendants.

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

January 28, 1981.

Attorney(s) appearing for the Case

Gerald B. Lefcourt, New York City, for plaintiffs; Richard Ware Levitt and Randye S. Retkin, New York City, of counsel.

Samuel S. Yasgur, Westchester County Atty., White Plains, N. Y., for defendants, Del Bello, Hale & Delaney; Jonathan Lovett, Deputy County Atty., Jane Bilus Gould, Asst. County Atty., New York City, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Plaintiff Robert Brache owns a retail store, designated a "boutique," called the Elephant's Trunk, in Mount Kisco, Westchester County, New York State. Plaintiff Edna Franza owns the East of the Sun Boutique in Scarsdale, Westchester County. They commenced this action to challenge Local Law No. 5-1980, promulgated by the Westchester County Board of Legislators (hereinafter the "ordinance"), which amends...

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