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FIFTH AVENUE PEACE PARADE COMMITTEE v. HOOVER

No. 70 Civ. 2646.

327 F.Supp. 238 (1971)

The FIFTH AVENUE PEACE PARADE COMMITTEE, an unincorporated association and Deborah D. Weisburd and Robert H. Silk, individually and on behalf of all other persons similarly situated, Plaintiffs, v. J. Edgar HOOVER, as Director of the Federal Bureau of Investigation, John F. Malone, as Assistant Director in Charge of the Federal Bureau of Investigation in New York City, and the Amalgamated Bank of New York, Defendants.

United States District Court, S. D. New York.

April 28, 1971.

Attorney(s) appearing for the Case

Donald D. Shack, Robert A. Goldston, Jeffrey L. Zivyak, Arthur I. Weinstein, Barry H. Mandel, New York City, Burt Neuborne, New York Civil Liberties Union, New York City, for plaintiffs.

Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, by Daniel Riesel, Asst. U. S. Atty., for defendants J. Edgar Hoover and John F. Malone.

Szold, Brandwen, Meyers & Altman, by Allen G. Blumberg, New York City, for defendant Amalgamated Bank of New York.

OPINION

TYLER, District Judge.

This is an action for injunctive relief, including return of documents alleged to have been seized by the Federal Bureau of Investigation (FBI) in a constitutionally impermissible manner. Plaintiffs allege that defendants Hoover and Malone (hereinafter "the FBI") have violated their constitutional rights under the First and Fourth Amendments by authorizing and directing FBI surveillance of plaintiffs' activities, viz., copying...

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