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BAM HISTORIC DIST. ASS'N v. KOCH

No. 75, Docket 83-7219.

723 F.2d 233 (1983)

BAM HISTORIC DISTRICT ASSOCIATION, et al., Plaintiffs-Appellants, v. Edward I. KOCH, Mayor of the City of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 2, 1983.

Attorney(s) appearing for the Case

Richard H. Dolan, New York City (Schlam, Stone, Caro & Dolan, New York City, on brief), for plaintiffs-appellants.

Doron Gopstein, New York City (Frederick A.O. Schwarz, Jr., New York City Corp. Counsel, Leonard Koerner, George Gutwirth, New York City, on brief), for defendants-appellees.

Before FEINBERG, Chief Judge, and LUMBARD and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

This is an appeal from an order of the District Court for the Eastern District of New York (Mark A. Costantino, Judge) denying a preliminary injunction that had been sought to prevent officials of New York City from operating a shelter for homeless men. The appeal also challenges the District Court's dismissal, for lack of subject matter jurisdiction, of the complaint's first cause of action alleging...

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