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227 BOOK CENTER, INC. v. CODD

No. 74 Civ. 1534-LFM.

381 F.Supp. 1111 (1974)

227 BOOK CENTER, INC., et al., Plaintiffs, v. Michael J. CODD, Individually, and as Police Commissioner of the City of New York, et al., Defendants.

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

June 13, 1974.

Attorney(s) appearing for the Case

Ralph J. Schwarz, Jr. and James A. Benard, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., of New York, defendant pro se; Michael Colodner, Asst. Atty. Gen., of counsel.

Adrian Burke, Corp. Counsel, New York City, for defendants Codd and Delise; Renee Modry, Asst. Corp. Counsel, New York City, of counsel.

Richard H. Kuh, Dist. Atty., New York County, defendant pro se; Allen G. Swan, Asst. Dist. Atty., of counsel.

OPINION

MacMAHON, District Judge.

Plaintiffs, in this civil rights action brought under 42 U.S.C. § 1983, seek the convening of a three-judge court, 28 U. S.C. §§ 2281, 2284, and a temporary restraining order enjoining defendants from enforcing New York Penal Law § 235.00, McKinney's Consol.Laws, c. 40 and New York Criminal Procedure Law §§ 140.10 and 690.05 et seq. (McKinney's Consol.Laws, c. 11-A 1971), 28 U.S.C. § 2284...

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