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BURNHAM v. OSWALD

Civ. Nos. 1971-132, 1971-336.

342 F.Supp. 880 (1972)

David BURNHAM et al., Plaintiffs, v. Russell G. OSWALD, New York State Commissioner of Correctional Services, and Vincent R. Mancusi, Superintendent, Attica Correctional Facility, Defendants. UNITED STATES ex rel. Irving C. WALSTON, Petitioner, v. Vincent R. MANCUSI, Superintendent, Attica Correctional Facility, Attica, New York, Respondent.

United States District Court, W. D. New York.

May 16, 1972.

Attorney(s) appearing for the Case

Herman Schwartz and Edward I. Koren, Buffalo, N. Y., for plaintiffs in Civil No. 1971-132.

Irving C. Walston, pro se in Civil No. 1971-336.

Louis J. Lefkowitz, Atty. Gen. of State of New York (Joseph J. Ricotta, Dunkirk, N. Y., and John H. Stenger, Buffalo, N. Y., of counsel), for defendants in Civil Nos. 1971-132 and 1971-336.

CURTIN, District Judge.

These consolidated actions present questions relating to claims that inmates of New York State correctional institutions and representatives of the news media have the right under the First and Fourteenth Amendments to communicate with each other. The claims fall within 42 U.S.C. § 1983, and the court has jurisdiction under 28 U.S.C. § 1343. In addition, the court has jurisdiction under 28 U.S.C. § 2201 to render the declaratory...

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