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SOSTRE v. McGINNIS

No. 180, Docket 35038.

442 F.2d 178 (1971)

Martin SOSTRE, Plaintiff-Appellee, v. Paul D. McGINNIS, Commissioner of Correction of the State of New York, Vincent Mancusi, Warden of Attica Prison, and Harold W. Follette, Warden of Green Haven Prison, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 24, 1971.

Attorney(s) appearing for the Case

Kristin Booth Glen, New York City (Victor Rabinowitz, David Rosenberg, Rabinowitz, Boudin & Standard, New York City, of counsel), for appellee.

Hillel Hoffman, Asst. Atty. Gen., of N. Y. (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., and Mark T. Walsh, Asst. Atty. Gen., on the brief), for appellant.

William Bennett Turner, San Francisco, Cal. (Jack Greenberg, Stanley A. Bass, New York City, on the brief), amicus curiae, for the N.A.A.C.P. Legal Defense and Educational Fund, Inc., and the National Office for the Rights of the Indigent.

Haywood Burns, Lowell Johnston, Margaret Burnham, New York City, on the brief, amicus curiae, for The National Conference of Black Lawyers.

Before LUMBARD, Chief Judge, WATERMAN, Senior Circuit Judge, and MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Argued to the court in banc October 21, 1970.

IRVING R. KAUFMAN, Circuit Judge:

We voted to hear the initial argument of this appeal en banc, a procedure we reserve for extraordinary circumstances, so that we might give plenary review to a complex of urgent social and political conflicts persistently seeking solution in the courts as legal problems, a phenomenon de Tocqueville commented upon many years ago. Democracy in America, vol. I at 290 (Vintage...

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