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SOSTRE v. McGINNIS

Nos. 418, 432, Dockets 28785, 28662.

334 F.2d 906 (1964)

Martin X. SOSTRE, Plaintiff-Appellant, v. Paul D. McGINNIS, Commissioner of Correction of the State of New York, and Walter H. Wilkins, Warden of Attica State Prison, Attica, New York, et al., Defendants-Appellees. William SaMARION and Thomas L. Bratcher, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. Paul D. McGINNIS, Commissioner of Correction of the State of New York, and Walter H. Wilkins, Warden of Attica State Prison, Attica, New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided July 30, 1964.

Certiorari Denied October 26, 1964.

Attorney(s) appearing for the Case

Martin X. Sostre, pro se (No. 418).

Richard F. Griffin, Buffalo, N. Y. (Jacob D. Hyman and Wade Newhouse, Buffalo, N. Y., on the brief), for plaintiffs-appellants SaMarion and Bratcher (No. 432).

Julius L. Sackman, Principal Atty. (Louis J. Lefkowitz, Atty. Gen. of New York, and William D. Bresinhan, Asst. Atty. Gen., on the brief), for defendants-appellees.

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

Submitted No. 418 and argued No. 432, May 25, 1964.

Certiorari Denied October 26, 1964. See 85 S.Ct. 168.

HAYS, Circuit Judge:

This is an action brought under 28 U. S.C. § 1343 and 42 U.S.C. § 1983 by the appellants "in behalf of themselves and all others similarly situated." Plaintiffs are inmates of Attica State Prison at Attica, New York. Defendants are the Commissioner of Correction of the State of New York and the Warden of Attica State...

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