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NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. LEGION

No. 78 C 1110.

452 F.Supp. 834 (1978)

NORTH SHORE RIGHT TO LIFE COMMITTEE, an unincorporated association, and Catherine N. Dillon, Individually and as co-chairman of North Shore Right to Life Committee, Plaintiffs, v. MANHASSET AMERICAN LEGION POST NO. 304, TOWN OF NORTH HEMPSTEAD, Michael J. Tully, Jr., Individually and as Supervisor of the Town of North Hempstead, John S. DaVanso, Individually and as Town Clerk of the Town of North Hempstead, Joseph Miserendino, Individually and as Commander of Manhasset American Legion Post No. 304, Defendants.

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

June 9, 1978.

Attorney(s) appearing for the Case

Thomas J. Dillon, Manhasset, N. Y., for plaintiffs.

Joseph A. Guarino, Manhasset, N. Y., for defendants Town of North Hempstead, Michael J. Tully, and John S. DaVanzo; Richard J. Osterndorf, Mineola, N. Y., of counsel.

Malloy, Fletcher, Dunne & Sibell, Manhasset, N. Y., for defendants American Legion & Joseph Miserendino; John P. Dunne, Manhasset, N. Y., of counsel.

WEINSTEIN, District Judge.

Members of the North Shore Right to Life Committee (an anti-abortion group) complain that they have been refused permission to march in a Memorial Day parade organized by American Legion Post Number 304. The First and Fourteenth Amendments mandate that they be permitted to join the parade.

I. FACTS

The Town of North Hempstead controls most of the streets used by the marchers...

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