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ZWICKLER v. KOOTA

No. 66-C-375.

261 F.Supp. 985 (1967)

Sanford ZWICKLER, Plaintiff, v. Aaron E. KOOTA, as District Attorney of the County of Kings, Defendant.

United States District Court E. D. New York.

Probable Jurisdiction Noted February 13, 1967.

Attorney(s) appearing for the Case

Emanuel Redfield, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of New York, for defendant; Samuel A. Hirshowitz, First Asst. Atty. Gen., Irving L. Rollins, Asst. Atty. Gen., of counsel.

Before KAUFMAN, Circuit Judge, ZAVATT, Chief Judge, and ROSLING, District Judge.

Probable Jurisdiction Noted February 13, 1967. See 87 S.Ct. 854.

ZAVATT, Chief Judge.

On the motion of the plaintiff, a three-judge court was convened, pursuant to 28 U.S.C. § 2284. The plaintiff seeks an order enjoining the defendant from prosecuting him under section 781-b1 of the New York Penal Law, McKinney's Consol.Laws, c. 40, which the plaintiff contends is violative of the First Amendment as made applicable to the...

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