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DUNCOMBE v. STATE OF NEW YORK

No. 67 Civ. 1085.

267 F.Supp. 103 (1967)

Horace L. DUNCOMBE, Plaintiff, v. STATE OF NEW YORK, Louis Ratner, Sheriff of Sullivan County, New York, Robert Williams, District Attorney of Sullivan County, New York, Abraham Kleinman, Police Justice of Village of Liberty, New York, Defendants.

United States District Court S. D. New York.

April 11, 1967.

Attorney(s) appearing for the Case

Gerald Orseck, Liberty, N. Y., for plaintiff, Gerald Orseck, Liberty, N. Y., Jeremiah S. Gutman, New York City, of counsel.

Louis Lefkowitz, Atty. Gen. of New York, for defendant State of New York, Joel Lewittes, Robert S. Hammer, Asst. Attys. Gen., of counsel.

Robert Williams, Dist. Atty., of Sullivan County, pro se.

OPINION

BRYAN, District Judge:

In this action Horace Duncombe seeks a judgment declaring Section 1425 (16-d) of the New York Penal Law, Consol. Laws, c. 40, relating to desecration of the American Flag,1 void on federal constitutional grounds and a temporary and permanent injunction restraining the respective defendants—the State of New York, the Sheriff and the District Attorney of Sullivan County and the Police Justice...

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