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AMERICAN COMMUTERS ASSOCIATION v. LEVITT

No. 67 Civ. 2534.

279 F.Supp. 40 (1967)

AMERICAN COMMUTERS ASSOCIATION, Inc., Luis A. Gallop, and Julian S. Herz, its co-chairmen, Deborah Christman by her father and guardian ad litem, the plaintiff Luis A. Gallop, Marian E. Herz, by her father and guardian ad litem, the plaintiff Julian S. Herz, William S. Diefenbach, Bert Silbert and Lewis Smith, Plaintiffs, v. Arthur LEVITT, Individually and as Comptroller of the State of New York et al., Defendants.

United States District Court S. D. New York.

December 19, 1967.

Attorney(s) appearing for the Case

Weisman, Celler, Allan, Spett & Sheinberg, New York City, for plaintiffs; O. John Rogge, Herbert R. Berk, Richard A. Osserman, Arthur Keller, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, for defendant State Officers; Joel Lewittes, Mortimer Sattler, Asst. Attys. Gen., of counsel.

J. Lee Rankin, Corporation Counsel, New York City, for defendant Procaccino et al.; Samuel J. Warms, New York City, Gale Zareko, of counsel.

OPINION

BONSAL, District Judge.

Plaintiffs move for an order pursuant to 28 U.S.C. §§ 2281 and 2284 convening a three-judge court, and defendants Mario A. Procaccino, individually and as Comptroller of the City of New York; Roy M. Goodman, individually and as Director of Finance of the City of New York; other officials of the City of New York; the members of the New York City Board of Higher Education; and the members of the New York City Board...

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