ROBERT GWATHMEY AND WILLIAM DURHAM, SUING ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,
v.
TOWN OF EAST HAMPTON ET AL., DEFENDANTS-APPELLEES
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The court affirmed the district court's refusal to enjoin an ongoing state criminal proceeding, applying Younger and Samuels.
Plaintiffs sought a three-judge court and an injunction against a state prosecution for violating a statute previously found unconstitutional. The dis…
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PER CURIAM:
Our decision in this case dated December 24, 1970, 437 F. 2d 351, was remanded by the Supreme Court on July 8, 1974, for reconsideration in light of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and Samuels v. Mackell, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688 (1971).
Plaintiffs initially sought the convening of a three-judge court to consider the constitutionality of N.Y.Gen.Bus.Law § 136(a) and an injunction against the prosecution of Gwathmey who had been arrested for violating that statute and who was then free on bail pending a hearing. The district court denied both requests.
Since we found the New York statute to be unconstitutional in Long Island Vietnam Moratorium Comm. v. Cahn, 437 F. 2d 344 (2d Cir. 1970), affd., 418 U.S. 906, 94 S.Ct. 3197, 41 L.Ed.2d 1153 (1974), there is no reason to convene a three-judge court. However, in light of Younger and Samuels, we now affirm the district court’s refusal to enjoin an ongoing state criminal proceeding.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Younger v. Harris, 401 U.S. 37 (U.S. 1971)
- Samuels v. MacKell, 401 U.S. 66 (U.S. 1971)
- Long Island Vietnam Moratorium Comm. v. Cahn, 437 F.2d 344 (2d Cir. 1970)
- Calley v. Callaway, 418 U.S. 906 (U.S. 1974)
- Cahn v. Long Island Vietnam Moratorium Comm., 418 U.S. 906 (U.S. 1974)
- Gwathmey v. Town OF E. Hampton, 437 F.2d 351 (2d Cir. 1970)