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STATE OF N.Y. DIST. ATTY. INVESTIGATORS v. RICHARDS

No. 1054, Docket 82-7965.

711 F.2d 8 (1983)

STATE OF NEW YORK DISTRICT ATTORNEY INVESTIGATORS POLICE BENEVOLENT ASSOCIATION, INC., Plaintiff-Appellant, v. William C. RICHARDS, in his capacity as Presiding Officer of the Suffolk County Legislature, and David J. Gilmartin, County Attorney of Suffolk County, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1983.

Attorney(s) appearing for the Case

Alexander T. Singer, Brooklyn, N.Y., for plaintiff-appellant.

Theodore D. Sklar, Asst. County Atty. of Suffolk County, Hauppauge, N.Y. (David J. Gilmartin, County Atty. of Suffolk County, Hauppauge, N.Y., of counsel), for defendants-appellees.

Before OAKES, CARDAMONE and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

The sole question presented on this appeal is the propriety of the district court's dismissal for lack of subject matter jurisdiction of a complaint alleging a cause of action under 42 U.S.C. § 1983.

In 1979 the Legislature of Suffolk County, New York, probably responding to complaints made by the public of harassment by police officers soliciting money, enacted Local Law No. 2-1979 entitled "Local Law Prohibiting Certain Solicitation...

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