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SCHUMANN v. STATE OF NEW YORK

No. 67 Civ. 1861.

270 F.Supp. 730 (1967)

Peter SCHUMANN, Jules Rabin, Margo Sherman, Robert Ernsthal, Helen Rabin, Helen Hunter, Pearl Oyle, Andrew Trompetter, individually and as Members of the Bread and Puppet Theater, an Unincorporated Association, Plaintiffs, v. The STATE OF NEW YORK and Howard R. Leary, as Police Commissioner of the City of New York, Defendants.

United States District Court S. D. New York.

June 13, 1967.

Attorney(s) appearing for the Case

Alexander Kolben, Arthur Handler, Jeremiah S. Gutman, and Burt Newborne, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of State of New York, by Joel Lewittes, Asst. Atty. Gen., and J. Lee Rankin, Corporation Counsel of City of New York, by Milton Stein, New York City, for defendants.

OPINION

TYLER, District Judge.

Plaintiffs are members of the Bread and Puppet Theater, a New York City pantomime troupe which offers, at least occasionally, dramatic presentations concerning current social and political issues. As performers, they have taken part in public demonstrations in New York City opposing United States military involvement in Vietnam. They customarily appear at these demonstrations in costumes and masks which are designed to heighten...

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