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NEWKIRK v. BUTLER

No. 979, Docket 73-2858.

499 F.2d 1214 (1974)

James NEWKIRK, Plaintiff-Appellee, v. Harold N. BUTLER, Superintendent, of Wallkill Correctional Facility, and Peter Preiser, Commissioner of Correctional Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 3, 1974.

Certiorari Granted October 21, 1974.

Attorney(s) appearing for the Case

Hillel Hoffman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellants.

Daniel Pochoda, New York City (William E. Hellerstein, Marjorie M. Smith, The Legal Aid Society, Prisoners' Rights Project, New York City, of counsel), for plaintiff-appellee.

Before ANDERSON, FEINBERG and MANSFIELD, Circuit Judges.

Certiorari Granted October 21, 1974. See 95 S.Ct. 172.

MANSFIELD, Circuit Judge:

On June 8 and 9, 1972, appellee James Newkirk and four other inmates of Wallkill Correctional Facility ("Wallkill" herein), a medium security institution, were summarily transferred to maximum security facilities in New York in response to their alleged activities in support of a prisoners' union at Wallkill. Newkirk and three of the other four brought suit in the Southern District...

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