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KAIL v. ROCKEFELLER

March 14, 1967

Sylvia KAIL, Emanuel Kail, Edna Kramer, Louis Kramer, Edna Leopold, Joseph Leopold, Ruth Borger, Lawrence Borger, Ruth Reisman and Murray Reisman, individually, jointly, in behalf of themselves and others similarly situated, Plaintiffs,
v.
Nelson A. ROCKEFELLER, Governor of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, Senator Elisha T. Barrett et al., Defendants



The opinion of the court was delivered by: MOORE

MOORE, Circuit Judge.

Ten plaintiffs "individually, jointly, in behalf of themselves and others similarly situated" by amended complaint (the complaint) bring this action against the Governor of the State of New York, the Attorney-General and all members of both houses of the Legislature. They characterize themselves as "litigants with civil and/or criminal [they do not allege which] matters, issues and cases now pending in the Supreme Court, Queens County, who reside within the Eleventh Judicial District." The complaint alleges in substance that a delay in the Supreme Court of Queens County between the institution of lawsuits therein and the time of trial deprives them of Federal Constitutional rights, which deprivation can be cured by federal court mandate. They do not allege that they personally are in any way affected by any delay.

The Attorney General has moved to dismiss the complaint on the grounds that this Court lacks jurisdiction of the subject matter and that the complaint fails to state a claim. F.R.Civ.P. 12(b).

 The American Trial Lawyers Association, the Queens County Bar Association (as friends of the court) and the New York State Association of Trial Lawyers (by means of their memorandum submitted in the case in the Southern District of New York entitled "New York State Association of Trial Lawyers, and others v. Nelson A. Rockefeller, and Others"), have given to the Court the advantage of their views in opposition to the motion to dismiss for want of jurisdiction and failure to state a claim.

 Jurisdiction

 Plaintiffs base their lawsuit aspects as to jurisdiction upon.

 
Sixth Amendment (U.S. Constitution).
 
Seventh Amendment (U.S. Constitution).
 
Fourteenth Amendment (U.S. Constitution).
 
28 U.S.C. § 1343(3).
 
28 U.S.C. §§ 2201, 2202.
 
28 U.S.C. § 2281 et seq.
 
42 U.S.C. §§ 1981, 1983.
 
Controversy over $10,000 (no demand for a money judgment is anywhere asserted and no diversity alleged - unnecessary, ...

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