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PRICEMAN v. DEWEY

Civ. No. 9523.

81 F.Supp. 557 (1949)

PRICEMAN v. DEWEY, Governor, et al.

United States District Court E. D. New York.

January 3, 1949.

Attorney(s) appearing for the Case

Francis P. Heffernan, of St. George, S. I., N. Y. (Thomas F. Cosgrove, of St. George, S. I., N. Y., on the brief) for plaintiff.

Nathaniel L. Goldstein, Atty. Gen. of State of New York (Abe Wagman, Asst. Atty. Gen., of counsel), for Hon. Thomas E. Dewey as Governor of State of New York and Hon. Nathaniel L. Goldstein as Attorney General of State of New York.

GALSTON, District Judge.

This matter comes to the court on cross-motions, the plaintiff seeking a temporary injunction to restrain the defendants from enforcing Sec. 965 of the Penal Law of the State of New York, McKinney's Consol. Laws, c. 40, and from prosecuting the plaintiff in the Court of Special Sessions of the City of New York, Borough of Richmond, for an alleged violation of that section of the penal law on the ground that it is a statute repugnant to the...

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