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KEEGAN v. STATE OF NEW JERSEY

Civil Action No. 1372.

42 F.Supp. 922 (1941)

KEEGAN v. STATE OF NEW JERSEY et al.

District Court, D. New Jersey.

April 23, 1941.

Attorney(s) appearing for the Case

William V. Azzoli, of Newark, N. J., for plaintiff.

Charles T. Downing, of Newton, N. J., for defendants.

Before BIGGS and CLARK, Circuit Judges, and FAKE, District Judge.

BIGGS, Circuit Judge.

The plaintiff has filed a bill of complaint seeking to enjoin the defendants from proceeding with the prosecution of an indictment against the plaintiff and for an adjudication that the statute of New Jersey under which he has been indicted, viz., R.S. 1937, 2:157B-5, N.J.S.A. 2:157B-5, is unconstitutional, void and unenforceable as to him. The statute referred to is as follows: "Any person who shall, in the presence of two or more persons, in...

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