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NIEVES v. OSWALD

Nos. 462, 737, Dockets 72-1974, 72-2322.

477 F.2d 1109 (1973)

George NIEVES et al., Plaintiffs-Appellants-Appellees, v. Russell G. OSWALD, Commissioner of Correctional Services, and Vincent R. Mancusi, Superintendent of Attica Correctional Facility, Defendants-Appellees-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 20, 1973.

Attorney(s) appearing for the Case

Herman Schwartz, Buffalo, N. Y. (Edward I. Koren, ACLU Prison Rights Project, Buffalo, N. Y., Kenneth Kimerling, National Lawyers Guild, New York City, William E. Hellerstein, Legal Aid Society of New York, Morton Stavis, New York City, Stanley A. Bass, New York City, on the brief), for plaintiffs-appellants-appellees.

John H. Stenger, Sp. Asst. Atty. Gen., Buffalo, N. Y. (Louis J. Lefkowitz, Atty. Gen. of N. Y., on the brief), for defendants-appellees-appellants.

Before FEINBERG, MULLIGAN and TIMBERS, Circuit Judges.

FEINBERG, Circuit Judge:

Once again we find ourselves dealing with the complexities of 28 U.S.C. § 2281, which has the deceptively simple heading in the United States Code of "Injunction against enforcement of State statute; three-judge court required." That section and its "Federal statute" counterpart, 28 U.S.C. § 2282, have been accurately described as creating many problems "so complex as to be virtually beyond belief."1...

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