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JAVITS v. STEVENS

No. 73 Civ. 5339-LFM.

382 F.Supp. 131 (1974)

Lily JAVITS et al., Plaintiffs, v. Harold STEVENS et al., Defendants.

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

September 24, 1974.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants; Samuel A. Hirshowitz, First Asst. Atty. Gen., and Shirley Adelson Siegel, Asst. Atty. Gen., New York City, of counsel.

Javits & Javits, New York City, for plaintiffs; George R. Hinckley, Harold J. Smith and Michael B. Sacks, New York City, of counsel.

John G. Bonomi, New York City, for The Ass'n of the Bar of the City of New York, as amicus curiae; Saul Friedberg, New York City, of counsel.

OPINION

MacMAHON, District Judge.

Defendants, the Justices and Clerk of the Appellate Division, First Department, of the Supreme Court of the State of New York (Appellate Division), move to dismiss the complaint in this action for insufficiency. Rule 12(b)(6), Fed. R.Civ.P. Since we have considered material outside the complaint, we will treat defendants' motion as one for summary judgment. Rule 12(b). Plaintiffs cross move, pursuant to Rule 56, Fed.R. Civ...

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