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PIERCE v. VILLAGE OF OSSINING

No. 68 Civ. 4150.

292 F.Supp. 113 (1968)

Catherine PIERCE et al., Plaintiffs, and Gerard T. Butler, Richard B. Smith, Alfred Weiss and Robert Flood, Intervening Plaintiffs, v. The VILLAGE OF OSSINING et al., Defendants.

United States District Court S. D. New York.

November 1, 1968.

Attorney(s) appearing for the Case

The Legal Aid Society of Westchester County, White Plains, N. Y., for plaintiffs; Bernard Clyne, Norman B. Lichtenstein, Beatrice Rothman, Antone G. Singsen, III, White Plains, N. Y., of counsel.

Andrew J. Fiore, Corporation Counsel, Pleasantville, N. Y., for Village of Ossining.

Louis J. Lefkowitz, Atty. Gen. of State of New York, for intervenor-defendant State of New York; Joel Lewittes, Asst. Atty. Gen., of counsel.

Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, for intervening plaintiffs and Ossining Chamber of Commerce, amicus curiae; Martin London, New York City, of counsel.

Before FEINBERG, Circuit Judge, McGOHEY and WYATT, District Judges.

PER CURIAM:

This is an application by seven plaintiffs for injunctive and other relief against enforcement of a state statute, section 4-402(b) of the Village Law of New York, McKinney's Consol.Laws, c. 64. The court sits as a statutory three-judge district court under 28 U.S.C. §§ 2281 and 2284. For reasons given below, we grant the preliminary injunctive relief sought.

The three original plaintiffs, Catherine Pierce, George Sarah Taylor and William...

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