Gate Film Club
v.
Pesce

United States Court of Appeals, Second CircuitDec 23, 1964
339 F.2d 888 (2d Cir. 1964)

No. 270, Docket 29065.

Submitted December 17, 1964.

Decided December 23, 1964. Certiorari Denied March 15, 1965. See 85 S.Ct. 1023.

Appeal from a judgment of the United States District Court for the Southern District of New York, John M. Cashin, J., denying plaintiff's motion for a preliminary injunction against defendant's enforcement of a state law requiring licensing of motion pictures and granting defendant's motion to dismiss the complaint requesting designation of a three-judge court for failure to present a substantial federal question.

Emanuel Redfield, New York City, for appellant.

Louis J. Lefkowitz, Atty. Gen. of the State of New York (Paxton Blair, Sol. Gen., Ruth Kessler Toch, Asst. Sol. Gen., of counsel), for appellee.

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.


Affirmed on the opinion of Judge Cashin, D.C., 236 F. Supp. 828.