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WMCA, INC. v. LOMENZO

238 F.Supp. 916 (1965)

WMCA, INC., R. Peter Straus, Joseph De Maio, Edward Lind, S. Thomas Delaney, Edward C. Brown, James J. McCafferty, Plaintiffs, v. John P. LOMENZO, Secretary of State of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, Francis X. O'Rourke, Chairman, Board of Supervisors, Westchester County, and Arthur Cromarty, Chairman, Board of Supervisors, Suffolk County, Defendants, and Paul R. Screvane, President of the City Council of the City of New York, Eugene H. Nickerson, County Executive, Nassau County, Maurice J. O'Rourke, James Power, John R. Crews, Thomas Mallee, Commissioners, Board of Elections, New York City, Supporting Defendants, and John H. Hughes and Lawrence M. Rulison, Intervening Defendants.

United States District Court S. D. New York.

Order Filed January 26, 1965.

Opinion Filed February 1, 1965.

Resettled Order Filed February 16, 1965.

Attorney(s) appearing for the Case

Robinson, Silverman, Pearce, Aronsohn & Sand, New York City, for plaintiffs, Leonard Sand, and Max Gross, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Orrin G. Judd, and Donald Zimmerman, New York City, of counsel.

Leo A. Larkin, Corp. Counsel of the City of New York, Morris Handel, George H. P. Dwight, and Joel Cohen, New York City, of counsel.

Jack Weinstein, Mineola, N. Y., for Eugene H. Nickerson, County Executive, Nassau County, Seymour S. Ross, Stephen Schlissel, and William D. Siegel, Mineola, N. Y., of counsel.

Gordon Miller, County Atty. of Westchester County, Irving Libenson, Deputy County Atty., Stephen G. Doig, Jr., County Atty. of Rockland County, Arnold Becker, Asst. County Atty., Mackenzie, Smith, Lewis, Mitchel & Hughes, Syracuse, N. Y., for John H. Hughes and Lawrence M. Rulison, Richard S. Scolaro, Syracuse, N. Y., of counsel.

Before WATERMAN, Circuit Judge, and RYAN and LEVET, District Judges.

WATERMAN, Circuit Judge:

Defendants Lomenzo, Lefkowitz, and Francis X. O'Rourke, and intervening defendants Hughes and Rulison, have moved for an order declaring that the New York State Reapportionment Compliance Act, N.Y. Laws 1964, ch. 976, 977, 978, 979, 981, complies with the order of this court dated July 27, 1964. Defendants Lomenzo and Lefkowitz have also moved for an order enjoining proceedings pending in the New York State Supreme Court to test the validity...

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