District Court, S.D. New York March 19, 1970, No. 70 Civ. 277 (Brockway v. Tofany)

OPINION

POLLACK, District Judge.

The complaint in this action and the plaintiff’s motion before the Court seek the convening of a three judge court and declaratory and injunctive relief under the Civil Rights Act, 42 U.S.C. § 1983, and damages under the same Act. The complaint and the motion also seek a determination that this action is maintainable as a class action.