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WALLACE v. KERN

No. 1074, Docket 74-1434.

499 F.2d 1345 (1974)

Donald WALLACE et al., Plaintiffs-Appellees, v. Michael KERN et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 8, 1974.

As Amended on Rehearing and Rehearing Denied October 4, 1974.

Attorney(s) appearing for the Case

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

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

Pierce Gerety, Jr., New York City (Robert Kasanof, William Gallagher, New York City, on the brief), for Legal Aid Society, as amicus curiae.

Robert Plotkin, Washington, D. C., on the brief, for the National Legal Aid and Defender Ass'n as amicus curiae.

Before LUMBARD and HAYS, Circuit Judges, and JAMESON, District Judge.

As Amended on Rehearing and Rehearing En Banc Denied October 4, 1974.

HAYS, Circuit Judge:

In July 1972 a committee of inmates awaiting trial or sentencing in the Brooklyn House of Detention for Men brought a class action pro se in the District Court for the Eastern District of New York. The defendants were six individual Justices of the New York Supreme Court, all of whom presided in criminal cases in Brooklyn. The plaintiffs alleged that the district court...

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