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REITZER v. KUH

No. 74 Civ. 4047.

387 F.Supp. 274 (1975)

Richard REITZER, Plaintiff, v. Richard KUH, Individually and as District Attorney of New York County, and Frank Rogers, Individually and as Special District Attorney in charge of prosecution of narcotic cases in the Special Narcotics Courts in New York County, Defendants.

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

January 2, 1975.

Attorney(s) appearing for the Case

Rubin, Gold & Geller, New York City, for plaintiff.

Frank Rogers, Special Narcotics Prosecutor, R. Michael Haynes, New York City, of counsel, for defendants.

MEMORANDUM AND ORDER

OWEN, District Judge.

In May 1974, plaintiff Richard Reitzer allegedly sold a quantity of narcotic drugs in New York City to an undercover federal narcotics agent. Reitzer now moves this Court (1) to enjoin the State of New York from prosecuting him under a New York State indictment alleging the said sale, and (2) to convene a three-judge Court pursuant to 28 U.S.C. § 2284 to declare...

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