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WALLACE v. McDONALD

No. 72-C-898.

369 F.Supp. 180 (1973)

Donald WALLACE et al., etc., Plaintiffs, v. Miles F. McDONALD et al., etc., Defendants.

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

February 27, 1973.

Attorney(s) appearing for the Case

Daniel Alterman, Stephen M. Latimer, James Reif, Robert L. Boehm, William M. Kunstler, David Scribner, New York City, Alvin J. Bronstein, Washington, D. C., for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., of N. Y., by Samuel A. Hirshowitz, First Asst. Atty. Gen., and Irving Galt, Joel Lewittes, Hillel Hoffman, Asst. Attys. Gen., Norman Redlich, Corp. Counsel, City of N. Y., by Victor P. Muskin, Asst. Corp. Counsel, New York City, for defendants.

JUDD, District Judge.

MEMORANDUM AND ORDER

In this civil rights action by state detainees, the court reserved decision on plaintiffs' motion to declare it a class action and defendants' motion to dismiss for lack of jurisdiction over the subject matter and failure to state a claim. F.R.Civ.P. 12(b). Defendants' motion was directed to the first amended complaint, but has been treated as applicable also to the second amended complaint, which is similar in...

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