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MATTER OF SaMARION v. McGINNIS

55 Misc.2d 59 (1967)

In the Matter of William SaMarion et al., Petitioners, v. Paul D. McGinnis, as Commissioner of Correction of the State of New York, et al., Respondents. (And 11 Other Proceedings.)

Supreme Court, Erie County.

October 2, 1967

Attorney(s) appearing for the Case

Jacob D. Hyman and Paul I. Birzon for petitioners. Edward W. Jacko, Jr., for Elijah Muhammad and another. Louis J. Lefkowitz, Attorney-General (William D. Bresnihan of counsel), for respondents.

WILLIAM B. LAWLESS, J.

These actions were commenced in 1961 by petitioners who alleged that they were being denied the right to embrace and practice the religion of Islam as members of a sect headed by one Elijah Muhammad in violation of the Civil Rights Act (U. S. Code, tit. 28, § 1343; U. S. Code, tit. 42, § 1983). (For a detailed account of the background and early stages of these proceedings see: Matter of Bryant v. Wilkins,

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