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SMITH v. FOLLETTE

Nos. 938, 939, Dockets 35416, 35529.

445 F.2d 955 (1971)

Jeffrey Glen SMITH, Plaintiff-Appellant, v. H. W. FOLLETTE, Warden, Green Haven Prison, Defendant-Appellee. UNITED STATES of America ex rel. Harry KYLE, Relator-Appellant, v. Vincent R. MANCUSI, Warden, Attica State Prison, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 8, 1971.

Attorney(s) appearing for the Case

Herman Schwartz, Buffalo, N. Y., for plaintiff-appellant and relator-appellant.

John G. Proudfit, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Benton J. Levy, Asst. Atty. Gen., of counsel), for defendant-appellee and respondent-appellee.

Before LUMBARD, SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Appellants in these two cases, which were argued and are considered together, challenge the constitutionality under the Fourteenth Amendment's Equal Protection and Due Process Clauses of New York State's Mental Hygiene Law, McKinney's Consol.Laws c. 27, Section 208, subd. 4(b). A challenge premised upon the Equal Protection Clause is also made against section 208, subd. 5 of the same act. Under the terms of section 208, subd. 4(a),...

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