Legal Opinion

Clifton C. Tang v. Appellate Division of the New York Supreme Court, First Department, and Honorable Justices Aron Steuer

Court of Appeals for the First Circuit

Decided April 1, 1974No. 537, Docket 72-2222PublishedCited by 78 opinions

1Opinion of the Court

MULLIGAN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, dismissing plaintiff’s action for injunctive and declaratory relief under the Civil Rights Act, 42 U.S.C. § 1983. Plaintiff Tang had moved to convene a three-judge court pursuant to 28 U.S.C. § 2281 and § 2284 to decide the constitutionality of New York CPLR 9406(3),1 alleging that the requirement of actual residence violated the equal protection clause of the 14th Amendment as well as his constitutionally based right to travel. The District Court found that the…

2Cases cited27 opinions

  1. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  2. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  3. Atlantic Coast Line Railroad v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1970
  4. Schware v. Board of Bar Examiners of NMSupreme Court of the United States · 1957
  5. England v. Louisiana State Board of Medical ExaminersSupreme Court of the United States · 1964

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3Cited by78 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Doe v. PatakiDistrict Court, S.D. New York · 1998
  3. Winters v. LavineCourt of Appeals for the Second Circuit · 1978
  4. Mitchell v. National Broadcasting Co.Court of Appeals for the Second Circuit · 1977
  5. Gresham Park Community Organization, Simon E. Parker, MacY B. Lee and Calvin E. Sims v. Gary Howell D/B/A Southeast Package Number TwoCourt of Appeals for the Fifth Circuit · 1981

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