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EAST VILLAGE OTHER, INC. v. KOOTA

No. 68 C 125.

305 F.Supp. 1159 (1968)

The EAST VILLAGE OTHER, INC., Plaintiff, v. Aaron E. KOOTA, District Attorney of Kings County and Howard R. Leary, Police Commissioner of the City of New York, Defendants.

United States District Court E. D. New York.

February 13, 1968.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Neil Fabricant, New York City, of counsel) for plaintiff.

Joel Lewittes, New York City (Louis J. Lefkowitz, Atty. Gen., of counsel) for defendant Koota.

John Loflin, Jr., New York City (J. Lee Rankin, Corp. Counsel of the City of New York, of counsel) for defendant Leary.

MEMORANDUM (incorporating FINDINGS OF FACT) and ORDER

DOOLING, District Judge.

It appears without contradiction that plaintiff prepared and published on or before February 2, 1968, Volume III, No. 9, of a weekly tabloid entitled "The East Village Other." Copies of the issue in question are annexed to the complaint and amended complaint.

On Friday February 2, 1968, Michael Acerno drove a truck carrying about 1,300 or 1,400 copies of the issue to a...

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