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LEWIS v. ROCKEFELLER

No. 664, Docket 34300.

431 F.2d 368 (1970)

Michael E. LEWIS, individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. Nelson A. ROCKEFELLER, individually and in his capacity as Governor of New York, and the New York State Board of Parole, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 1, 1970.

Attorney(s) appearing for the Case

Robert S. Asher, New York City (Morrisania Legal Services, Robert P. Mason, Kenneth David Burrows, New York City, on the brief), for plaintiff-appellant.

Maria L. Marcus, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., for the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for defendants-appellees.

Before KAUFMAN and FEINBERG, Circuit Judges, and TIMBERS, District Judge.

FEINBERG, Circuit Judge:

Michael E. Lewis, an inmate at Clinton State Prison, Dannemora, New York, appeals from an order of the United States District Court for the Southern District of New York, Lloyd F. MacMahon, J., dismissing his complaint, which sought the convening of a three-judge court and injunctive and declaratory relief. The basis of the action is that denial of counsel and improper procedures at New York State parole release hearings deny prisoners due...

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