SAMUELS v. MACKELL

Nos. 68 Civ. 1030, 68 Civ. 1196.

288 F.Supp. 348 (1968)

George SAMUELS, Abraham C. Taylor, Herman Benjamin Ferguson, Arthur Harris, Mandola McPherson, Max Stanford, Merle Stewart, Hampton Woodward Rockward, Ursula Virginia West and Milton Ellis, Plaintiffs, v. Thomas J. MACKELL, District Attorney of Queens County, and Louis J. Lefkowitz, Attorney General of the State of New York, Defendants. Fred FERNANDEZ, Plaintiff, v. Thomas J. MACKELL, District Attorney of Queens County, and Louis J. Lefkowitz, Attorney General of the State of New York, Defendants.

United States District Court S. D. New York.

Probable Jurisdiction Noted December 9, 1968.


Attorney(s) appearing for the Case

Victor Rabinowitz, New York City, (Rabinowitz, Boudin & Standard, New York City), for plaintiffs George Samuels, Abraham C. Taylor, Herman Benjamin Ferguson, Arthur Harris, Mandola McPherson, Max Stanford, Merle Stewart, Hampton Woodward Rockward, Ursula Virginia West and Milton Ellis.

Isidore Beerman, New York City, for plaintiff Ursula West.

Eleanor Jackson Piel, New York City, for plaintiff Fred Fernandez.

Peter J. O'Connor, New York City, (Mortimer Sattler, Asst. Atty. Gen. of New York State, New York City, Patrick J. Broderick on brief), for defendants Thomas J. Mackell and Louis J. Lefkowitz.

Before FRIENDLY, Circuit Judge, and BRYAN and WYATT, District Judges.


Probable Jurisdiction Noted December 9, 1968. See 89 S.Ct. 453.

FRIENDLY, Circuit Judge:

Plaintiffs in these consolidated actions1 are the subjects of a superseding indictment filed by a grand jury in the Supreme Court for Queens County, New York. The indictment contains 48 counts, many of these being against only one or some of the plaintiffs. Forty-one counts charge violations of former New York Penal Law, McKinney's Consol....

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