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COMMUNIST PARTY OF UNITED STATES v. McGRATH

Civ. A. No. 419-51.

96 F.Supp. 47 (1951)

COMMUNIST PARTY OF UNITED STATES OF AMERICA et al. v. McGRATH et al.

United States District Court District of Columbia.

February 28, 1951.

Attorney(s) appearing for the Case

Vito Marcantonio and John J. Abt, New York City, and Joseph Forer, Washington, D. C., for plaintiffs.

Newell A. Clapp, Acting Asst. Atty. Gen., George Morris Fay, U. S. Atty., Edward H. Hickey and Marvin C. Taylor, Attorneys, Dept. of Justice, all of Washington, D. C., for defendant, the Attorney General.

Howard C. Wood, New York City, General Counsel, Subversive Activities Control Board, George Gallagher, Frank R. Hunter, Jr., Washington, D. C., for defendant Subversive Activities Control Board.

Before BAZELON, Circuit Judge and LETTS and PINE, District Judges, holding a statutory three judge court.

LETTS and PINE, District Judge.

The preliminary relief sought must be denied since plaintiffs have not exhausted their administrative remedies and for the further reason that the public interest is paramount to any threatened loss or damage to plaintiffs pending final determination of the case. Furthermore, the constitutional questions raised by the plaintiffs can be saved before the Board and determined upon review by the United States Court of Appeals pursuant to...

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