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WALLACE v. KERN

Nos. 1066-1068, Dockets 73-1826, 73-1830-31.

481 F.2d 621 (1973)

Donald WALLACE et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Michael KERN et al., etc., Defendants. The UNITED STATES of America ex rel. Michael A. McLAUGHLIN et al., Plaintiffs-Appellees, v. PEOPLE OF THE STATE OF NEW YORK et al., Defendants, and The Legal Aid Society of the City of New York, Defendant-Appellant. Michael A. McLAUGHLIN et al., Plaintiffs-Appellees, v. PEOPLE OF THE STATE OF NEW YORK et al., Defendants, and The Legal Aid Society, Criminal Defense Division of the City and State of New York, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 27, 1973.

Attorney(s) appearing for the Case

Arthur L. Liman, New York City (Patrick M. Wall, Allan L. Gropper, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for appellant Legal Aid Society.

Hillel Hoffman, New York City (Joel Lewittes, Asst. Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for appellant Judges and Court Personnel.

Michael A. McLaughlin, pro se.

James Reif (Daniel L. Alterman, Robert Boehm, William M. Kunstler, Center for Constitutional Rights, Stephen M. Latimer, New York City, Alvin J. Bronstein, Nancy C. Crisman, National Prison Project, Washington, D. C., on the brief), for appellees.

Lewis B. Oliver, Jr., New York City, amicus curiae, Association of Legal Aid Attorneys of the City of New York.

Before LUMBARD, HAYS and TIMBERS, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the United States District Court for the Eastern District of New York which preliminarily enjoined the Legal Aid Society of the City of New York from accepting or acting upon any additional assignments of felony cases in the Supreme Court of Kings County in New York if the average caseload of its attorneys exceeded 40. The district court also ordered the Clerk of the Criminal Term of the Supreme Court, Kings County, to...

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