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WMCA, INC. v. LOMENZO

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


July 13, 1965

WMCA, INC., R. Peter Straus et al., Plaintiffs, and Anthony J. Travia and Joseph Zaretzki, Plaintiffs-Intervenors,
v.
John P. LOMENZO, Secretary of State of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, et al., Defendants, and John H. Hughes and Lawrence M. Rulison, Defendants-Intervenors

The opinion of the court was delivered by: WATERMAN

WATERMAN, Circuit Judge*

We have read the recent opinions of the judges of the New York Court of Appeals with great respect and with no little concern. We have great respect for the individual judges of that court as individual judges, and we share of course with the entire American judicature great respect for that court as a court.

 We had thought that the order of this court of May 24, 1965, and the subsequent denial of a stay of this order by the United States Supreme Court, at last laid to rest all objections to this court's order mandating an election in the fall of 1965 of a new State Legislature to hold office for a term of one year.

 We do note the statement of the chief judge of the New York Court of Appeals, however, that, and I quote, "Despite those illegalities of 'Plan A' under which a 1965 election is proposed to be held, we would of course be obliged to respect and follow the Federal courts' orders for such an election this year if those courts had made final and binding orders therefor."

 We intended the order of this court of May 24, 1965, to be exactly such an order, so directing. We believe the order did expressly state such a judgment, but to remove any question as to its purpose, intent or wording, we are entering a further order containing mandatory and injunctive provisions.

19650713

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