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MERCADO v. ROCKEFELLER

No. 449, Docket 73-2120.

502 F.2d 666 (1974)

Maria MERCADO, a/k/a Crespo, et al., Petitioners-Appellants, v. Nelson A. ROCKEFELLER, Governor of the State of New York, et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 15, 1974.

Attorney(s) appearing for the Case

Rena K. Uviller, Melvin L. Wulf, Burt Neuborne, American Civil Liberties Union; Paul G. Chevigny, New York Civil Liberties Union; William E. Hellerstein, New York City, Charles Schinitsky, Legal Aid Society, Brooklyn, N. Y., for appellants.

Margery Evans Reifler, Deputy Asst. Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen. of New York, for appellees.

Before WATERMAN and MULLIGAN, Circuit Judges, and BRYAN, District Judge.

WATERMAN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York dismissing appellants' complaint for failure to exhaust available state remedies. The opinion of Judge Frankel below is reported at 363 F.Supp. 489 (1973). Appellants seek to have the order below reversed and the case remanded to the district court with instructions to proceed to a consideration of...

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