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MacRAE v. MOTTO

No. 82 Civ. 3348.

543 F.Supp. 1007 (1982)

Duncan MacRAE, individually and as President of the Professional Fire Fighters Association, of White Plains, N.Y., Inc. Local 274. IAFF, AFL-CIO, Kevin Koop, individually and as Vice President of the Professional Fire Fighters Association of White Plains, N.Y., Inc., Local 274, IAFF, AFL-CIO, Walter Ferguson, individually and as President of The Greenville Uniformed Firemen's Association, Local 2093, IAFF, AFL-CIO, Thomas S. Ruffell, Jr., individually and as President of Uniformed Fire Fighter's Association of Pelham Manor, Local 2181, IAFF, Robert Broderick, individually and as President of the Hartsdale Paid Firemen's Benevolent Association, Inc., Local 1761, IAFF, AFL-CIO, Charles W. Tucker, individually and as President of Fairview Professional Firefighters Association, Inc., Local 1586, IAFF, AFL-CIO, Plaintiffs, v. Carmine MOTTO, individually and as Deputy Commissioner of Public Safety of the City of White Plains, John Dolce, individually and as Commissioner of Public Safety of the City of White Plains, Richard A. Taylor, individually and as a Detective of the White Plains Police Department of the Department of Public Safety of the City of White Plains, William J. McMahon, individually and as Chief of the White Plains Fire Department of the Department of Public Safety of the City of White Plains, Charles Park, individually and as Chief of Greenville Fire Department of the Greenville Fire District, Patrick F. Mancuso, as Chief of the Pelham Manor Fire Department of the Village of Pelham Manor, Carl A. Vergari, as District Attorney of Westchester County and Jon N. Willcox as an Assistant District Attorney of Westchester County and Affiliated Broadcasts Incorporated, Defendants.

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

July 23, 1982.

Attorney(s) appearing for the Case

Grae & Rose, White Plains, N. Y., for plaintiffs Arthur H. Grae, James M. Rose, White Plains, N. Y., of counsel.

Charles A. Bradley, Corp. Counsel, White Plains, N. Y., for defendants Motto, Dolce, Taylor and McMahon; Anthony J. Grant, Joseph W. Henneberry, Sr. Asst. Corp. Counsels, James W. Glatthaar, Asst. Corp. Counsel, White Plains, N. Y., of counsel.

Meighan & Necarsulmer, Mamaroneck, N. Y., for defendant Charles Park; Garrison R. Corwin, Jr., Mamaroneck, N. Y., of counsel.

Jack Kaufmann, New York City, for defendant Patrick F. Mancuso.

Carl A. Vergari, Dist. Atty. of Westchester, White Plains, N. Y., for defendants Carl A. Vergari and Jon N. Willcox; Maryanne Luciano, Asst. Dist. Atty., White Plains, N. Y., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

In February 1982, plaintiffs, officers and members of firefighters' unions in Westchester County, New York, contracted with Marvella Publications, Inc. ("Marvella") for the publication of a union newspaper, to be known as The Firefighter's Voice (the "Newspaper"). Marvella is not a party to this action. It published one issue of the Newspaper dated April, 1982. In response to complaints allegedly received from...

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