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LAMONT v. COMMISSIONER OF MOTOR VEHICLES

No. 67 Civ. 1540.

269 F.Supp. 880 (1967)

Corliss LAMONT, on behalf of himself and all others similarly situated, Plaintiff, v. COMMISSIONER OF MOTOR VEHICLES and R. L. Polk & Co., Defendants.

United States District Court S. D. New York.

June 22, 1967.

Attorney(s) appearing for the Case

Rabinowitz & Boudin, New York City, for plaintiff; Leonard B. Boudin, Joan Goldberg, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for defendant, Commissioner of Motor Vehicles; Mortimer Sattler, Asst. Atty. Gen., of counsel.

Royall, Koegel, Rogers & Wells, New York City, for defendant, R. L. Polk & Co.; Wyllys S. Newcomb, John M. O'Hara, Russell H. Beatie, Jr., New York City, of counsel.

OPINION

FRANKEL, District Judge.

Suing for himself "and all other owners of motor vehicles duly registered" in New York, plaintiff seeks declaratory and injunctive relief based upon the asserted unconstitutionality of N.Y. Vehicle and Traffic Law, McKinney's Consol.Laws, c. 71, § 202(3), which provides that the Commissioner of Motor Vehicles

"may, in his discretion, contract with the highest responsible bidder to furnish copies of records of...

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