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SALEM INN, INC. v. FRANK

No. 75 C 2136.

433 F.Supp. 183 (1977)

SALEM INN, INC., Plaintiff, v. Louis J. FRANK, Individually and as Police Commissioner of Nassau County, and Michael Roth, Individually and as Chairman of the New York State Liquor Authority, Defendants.

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

June 3, 1977.

Attorney(s) appearing for the Case

Herbert S. Kassner, New York City (Kassner & Detsky, New York City, of counsel), for plaintiff.

A. Seth Greenwald, Asst. Atty. Gen., State of New York, New York City, for Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, pro se pursuant to Executive Law § 71.

Martin P. Mehler, State Liquor Authority, New York City (Warren B. Pesetsky, New York City, of counsel), for defendant Roth.

Before GURFEIN, Circuit Judge, and BARTELS and PRATT, District Judges.

GURFEIN, Circuit Judge:

Salem Inn, Inc. owns a tavern which, under a New York State license, purveys liquor together with nude entertainment. It has engaged in a long fight to protect its livelihood, employing with skill all the weapons in the arsenal of the First and Fourteenth Amendments bag. It has won and lost. It still pursues its cause with vigor.

In this action brought under 42 U.S.C. § 1983 in December, 1975, Salem Inn seeks an order (1) declaring...

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