The State of New York, Petitioner-appellee, v. Robert Fuller, Individually and As President of Local 69, Creedmoor State Hospital, American Federation of State, County and Municipal Employees, Afl-cio, William Russ, Individually and As President of New York State Employees District Council 50, Afscme, Afl-cio, Alfred B. Wurf, Individually and As Executive Director of District Council 50, Afscme, Afl-cio and Lillian Roberts, Individually and As Organization Director of Mental Health Locals, Affiliated with District Council 50, Afscme, Afl-cio, Respondents-appellants, 403 F.2d 719 (2d Cir. 1968)

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US Court of Appeals for the Second Circuit - 403 F.2d 719 (2d Cir. 1968) Argued December 4, 1968
Decided December 11, 1968

Appeal from an order of the United States District Court for the Eastern District of New York, Walter Bruchhausen, J., entered November 18, 1968, remanding case to the New York Supreme Court, Queens County.

Maria L. Marcus, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Mortimer Sattler, Asst. Atty. Gen., on the brief), for appellee.

Bertram Perkel, New York City (Steven Goldsmith and Schulman, Abarbanel & Kroner, New York City, on the brief), for appellants.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and FRANKEL, District Judge.* 


We affirm the order of the District Court, entered November 18, 1968, which remanded to the Supreme Court, Queens County, this civil action brought by the State of New York seeking an injunction restraining appellants from engaging in, or encouraging, a strike against the State.


Sitting by designation