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ST. MARTIN'S PRESS, INC. v. CAREY

No. 77 Civ. 5256.

440 F.Supp. 1196 (1977)

ST. MARTIN'S PRESS, INCORPORATED, Crutcher and Newman Book Sellers, Inc., and Patricia Ince, Plaintiffs, v. Hugh L. CAREY, Individually and as Governor of the State of New York, Robert M. Morgenthau, Individually and as District Attorney of the County of New York of the State of New York, Carl A. Vergari, Individually and as District Attorney of the County of Westchester of the State of New York, and Henry F. O'Brien, Individually and as District Attorney of the County of Suffolk of the State of New York, Defendants.

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

November 28, 1977.

Attorney(s) appearing for the Case

Szold, Brandwen, Meyers & Altman, New York City, for plaintiff St. Martin's Press, Inc.; Roy Gainsburg, New York City, of counsel.

Norwick, Raggio, Jaffe & Kayser, New York City, for plaintiffs Crutcher and Newman Book Sellers, Inc. and Patricia Ince; Kenneth P. Norwick, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of N.Y., New York City, for defendants Hugh L. Carey and Robert M. Morgenthau; John M. Farrar, New York City, of counsel.

Henry F. O'Brien, Dist. Atty. of Suffolk County, Riverhead, N.Y., for defendant Henry F. O'Brien; Mark D. Cohen, Steven A. Hovani, Riverhead, of counsel.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, N.Y., for defendant Carl A. Vergari; Joseph Aviv, Hartsdale, N.Y., of counsel.

ROBERT J. WARD, District Judge.

Plaintiff St. Martin's Press, Incorporated ("St. Martin's") is the publisher of a book entitled Show Me!, and plaintiffs Crutcher and Newman Book Sellers, Inc., and Patricia Ince ("booksellers") are in the business of selling books at retail, including the book Show Me!. They instituted this action on October 28, 1977, seeking declaratory and injunctive relief. On the same date, they brought on an order to show cause why...

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