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UNITED STATES EX REL. SERO v. PREISER

No. 72 Civ. 778.

372 F.Supp. 660 (1974)

UNITED STATES ex rel. Lois SERO et al., Petitioners, v. Peter PREISER, Commissioner of the New York Department of Correctional Services, et al., Respondents.

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

January 23, 1974.

Attorney(s) appearing for the Case

Herman Schwartz, Edward I. Koren, New York Civil Liberties Union, National Prison Project—American Civil Liberties Union, Amherst, N. Y., Elizabeth B. DuBois (Legal Action Center of the City of New York, Inc.), New York City, for petitioners and proposed intervenors Warner and Haywood.

Stephen J. Perrello, Jr., Prisoners' Rights Project, Legal Aid of Buffalo, New York, Buffalo, N. Y., for proposed intervenor Crout.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants, Michael Colodner, Asst. Atty. Gen., of counsel.

LASKER, District Judge.

The checkered career of this litigation has produced what in other circumstances Judge Friendly has aptly called a "Brobdingnagian procedural imbroglio."1 This suit was brought by reformatory sentenced inmates originally both as a habeas corpus action and as a civil rights action under 42 U. S.C. § 1983, attacking the conditions of confinement of the plaintiffs and seeking to declare unconstitutional the statutes...

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