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LEGI-TECH, INC. v. KEIPER

No. 865, Docket 84-9021.

766 F.2d 728 (1985)

LEGI-TECH, INC., Plaintiff-Appellant, v. David W. KEIPER, Commissioner of the Legislative Bill Drafting Commission of the State of New York, John J. Faso, Commissioner of the Legislative Bill Drafting Commission of the State of New York, Warren Anderson, Temporary President of the Senate of the State of New York, Stanley Fink, Speaker of the Assembly of the State of New York, and Mario Cuomo, as Governor of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 5, 1985.

Attorney(s) appearing for the Case

Bruce D. Sokler, Washington, D.C. (Thomas J. Casey, Terrence J. Leahy, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Washington, D.C., of counsel), for plaintiff-appellant.

Harvey M. Berman, New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Robert Hermann, Sol. Gen., O. Peter Sherwood, Deputy Sol. Gen., New York City, of counsel), for defendants-appellees.

Before VAN GRAAFEILAND, WINTER and PRATT, Circuit Judges.

WINTER, Circuit Judge:

This is an appeal from Judge Miner's denial of a preliminary injunction. The appellant, Legi-Tech, Inc., seeks to enjoin the defendants, officials of New York State, from denying it access to a state-owned computerized database that contains legislative information and is available through subscription to the general public. Legi-Tech's complaint, brought under 42 U.S.C. § 1983 (1982), alleges an infringement of its rights under the First...

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