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SAVASTANO v. ABRAMS

No. 85 Civ. 7452-CSH.

658 F.Supp. 414 (1987)

Rocco SAVASTANO and Alan Goodman, individually and on behalf of a class of plaintiffs similarly situated, Plaintiffs, v. Robert ABRAMS, as Attorney General of the State of New York, and Stephen F. Lungen, as District Attorney of Sullivan County, and as representative of a defendant class consisting of all District Attorneys of the Counties of New York State, Defendants.

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

February 10, 1987.

Attorney(s) appearing for the Case

Brian A. Sheridan, White Plains, N.Y., for plaintiffs.

Robert Abrams, Atty. Gen., Randolph Volkell, of counsel, for defendant Robert Abrams.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Plaintiffs bring this action for a judgment declaring unconstitutional New York General Business Law § 13 ("section 13"). Section 13 makes it a misdemeanor "maliciously" to cause legal process to be served on a Sabbatarian on a Saturday.1 Plaintiffs contend section 13 violates the Establishment Clause of the First Amendment to the United States Constitution, made applicable...

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