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BERRIGAN v. NORTON

No. 56, Docket 71-1383.

451 F.2d 790 (1971)

Daniel BERRIGAN and Philip Berrigan, Plaintiffs-Appellants, v. J. J. NORTON, Warden, Danbury Federal Correctional Institution, United States Bureau of Prisons, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 26, 1971.

Attorney(s) appearing for the Case

David G. Lubell, New York City (William J. Bender, William C. Cunningham, Stephen L. Fine, William M. Kunstler and Morton Stavis, New York City, and Marjorie Gelb, West Hartford, Conn., of counsel) for appellants.

Barry J. Cutler, Asst. U. S. Atty. (Stewart H. Jones, U. S. Atty., for the District of Connecticut, of counsel), for appellees.

Before LUMBARD, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal is taken from the denial by District Judge Clarie of appellants' motion for a preliminary injunction in a suit involving first amendment and prison discipline questions.1 Appellants are the well-known Roman Catholic priests who in autumn 1970 were confined in the Danbury, Connecticut, Federal Correctional Institution ("Danbury"), following their convictions in connection with the destruction of selective...

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