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BEDROSIAN v. MINTZ

No. 989, Docket 75-7099.

518 F.2d 396 (1975)

George BEDROSIAN et al., Plaintiffs-Appellants, v. Joseph MINTZ, Administrator, Erie County Bar Association Aid to Indigent Prisoners Society, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 20, 1975.

Attorney(s) appearing for the Case

Herman Schwartz, Amherst, N. Y. (Edward I. Koren, Amherst, N. Y., on the brief), for plaintiffs-appellants.

Richard F. Griffin, Buffalo, N. Y. (Moot, Sprague, Marcy, Landy, Fernbach & Smythe, Buffalo, N. Y., on the brief), for defendants-appellees Joseph D. Mintz, Administrator, and Erie County Bar Association Aid to Indigent Prisoners Society, Inc.

Ralph McMurry, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for defendant-appellee Carman F. Ball, Justice of the Supreme Court of the State of New York.

Before KAUFMAN, Chief Judge, OAKES, Circuit Judge, and JAMESON, District Judge.

JAMESON, District Judge:

In this class action, under 42 U.S.C. § 1983, the plaintiffs-appellants are indictees in criminal cases arising out of the September, 1971 uprising at the Attica Correctional Facility and out-of-state attorneys representing the indictees. They seek (1) a declaratory judgment that the attorneys "are entitled to compensation to the same extent as counsel appointed for indictees who are members of the New York Bar", and (2) a "mandatory...

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