Norman F. Dacey and Norman F. Dacey, Doing Business as National Estate Planning Council v. New York County Lawyers' Association

(concurring) :

I concur in affirming the dismissal of the complaint. I agree with my brother Kaufman and with the court below, Dacey v. New York County Lawyers’ Association, 290 F.Supp. 835, 842 (D.C.1968) that .the Association, as a matter of law, had probable cause to initiate unauthorized practice proceedings, and therefore that the dismissal of the action which is based upon the Civil Rights Act of 1871, 42 U.S.C. § 1983, was proper. In his concurring opinion my brother Moore also accepts this ground as a dispositive one.

I agree with Judge Kaufman that due respect for the First Amendment…