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McREDMOND v. WILSON

No. 314, Docket 75-7389.

533 F.2d 757 (1976)

Patricia McREDMOND et al., by their attorney and next friend, Charles Schinitsky, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Malcolm WILSON, Individually and as Governor of the State of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 2, 1976.

Attorney(s) appearing for the Case

Gene B. Mechanic, Brooklyn, N. Y. (Charles Schinitsky, Michael J. Dale, The Legal Aid Society, Brooklyn, N. Y., of counsel), for plaintiffs-appellants.

Margery Evans Reifler, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before MANSFIELD, OAKES and VAN GRAAFEILAND, Circuit Judges.

MANSFIELD, Circuit Judge:

This appeal concerns the interplay of the doctrines of abstention and exhaustion of state remedies in the context of a 42 U.S.C. § 1983 civil rights action in which a variety of constitutional and statutory issues are raised. The Southern District of New York, Lee P. Gagliardi, Judge, decided that abstention from exercise of jurisdiction was warranted. We disagree, concluding that the...

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