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AVON 42ND STREET CORP. v. MYERSON

No. 72 Civ. 4100.

352 F.Supp. 994 (1972)

AVON 42ND STREET CORP., Plaintiff, v. Bess MYERSON, Commissioner of the New York City Department of Consumer Affairs, Defendant.

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

December 18, 1972.

Attorney(s) appearing for the Case

Jay Goldberg, New York City, for plaintiff.

Norman Redlich, Corp. Counsel of the City of New York by Israel Rubin, Joseph Halpern, Renee Modry, Joseph S. Lauer, and Michael M. Klein, New York City, for defendant.

OPINION

TYLER, District Judge.

This is an action brought by plaintiff, Avon 42nd Street Corp., pursuant to 28 U.S.C. § 2201 and 42 U.S.C. § 1983, to enjoin enforcement of and to have declared unconstitutional certain ordinances of the City of New York, relating to the licensing of motion picture theatres. Plaintiff owns and operates a motion picture theatre at 133 West 42nd Street, New York City; defendant ("Commissioner") is charged with the enforcement...

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