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MILLER v. ROCKEFELLER

No. 70 Civ. 2647.

327 F.Supp. 542 (1971)

Richard V. MILLER and Jeffrey Greenstein, Plaintiffs, v. Nelson ROCKEFELLER, Governor of the State of New York, Commander in Chief of the New York Army National Guard, Martin Forey, General, New York Army National Guard, Lt. Colonel Alfred Rothwell, Commanding Officer, First Battalion, 105 Artillery, and Lt. Colonel Joel Brettschneider, Staff Judge Advocate, New York Army National Guard, Defendants.

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

March 8, 1971.

Attorney(s) appearing for the Case

Kunstler, Kunstler & Hyman, New York City, Steven J. Hyman, New York City, of counsel, Tim Coulter, National Lawyers Guild, New York City, Allan J. Kirschner, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, Robert S. Hammer, Asst. Atty. Gen., of counsel, for defendants.

LASKER, District Judge.

Plaintiffs are enlisted members of the New York Army National Guard who were tried and convicted by a summary court-martial and sentenced to 25 days in jail and a $25 fine for allegedly displaying peace signs during last year's Memorial Day parade.

Plaintiffs now move, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for a preliminary injunction to enjoin defendants from executing an arrest warrant to incarcerate plaintiffs...

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