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TURLEY v. LEFKOWITZ

Civ. 1971-80.

342 F.Supp. 544 (1972)

M. Russell TURLEY and Robert H. Stievater, Plaintiffs, v. Louis J. LEFKOWITZ et al., Defendants.

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

May 1, 1972.

Attorney(s) appearing for the Case

Robinson & Speller, Buffalo, N. Y. (Richard O. Robinson, Buffalo, N. Y., of counsel), for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Albany, N. Y. (Douglas S. Dales, Jr., Asst. Atty. Gen., of counsel), for defendants Lefkowitz and Rockefeller.

James L. Magavern, Erie County Atty., Buffalo, N. Y. (Justyn E. Miller, Asst. County Atty., of counsel), for defendant Tutuska.

Before FEINBERG, Circuit Judge, and HENDERSON and CURTIN, District Judges.

CURTIN, District Judge:

The plaintiffs in this action are licensed architects who have in the past been employed by various municipalities and state and county agencies in New York. In February, 1971 they were called to testify before the holdover January, 1971 Erie County Grand Jury. At that time both were requested to sign waivers of immunity, and each declined while asserting his Fifth Amendment privilege against self-incrimination. Thereafter, in February, 1971...

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