PIERCE v. LaVALLEE

No. 388, Docket 27598.

319 F.2d 844 (1963)

James PIERCE, Appellant, v. J. E. LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Appellee. Martin T. SOSTRE, Appellant, v. J. E. LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Appellee. William SaMARION, Appellant, v. J. E. LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided July 18, 1963.


Attorney(s) appearing for the Case

Edward W. Jacko, Jr., New York City, for appellants.

Lester Esterman, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen., Irving Galt, Asst. Sol. Gen., and Ronald J. Offenkrantz, Asst. Atty. Gen., New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and CLARK and HAYS, Circuit Judges.


PER CURIAM.

Plaintiffs appeal from Judge Brennan's second dismissal of their action under the Civil Rights Act, 42 U.S.C. § 1983. The court's first dismissal (unreported) was reversed by us because it had been entered without taking testimony, 2 Cir., 293 F.2d 233. The present order was made after a very extensive trial. While inmates at Clinton Prison, Dannemora, New York, plaintiffs were leaders of the "Muslim Brotherhood"...

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