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GILLIARD v. OSWALD

No. 532, Docket 76-2109.

552 F.2d 456 (1977)

Raymond GILLIARD et al., Plaintiffs-Appellees, v. Russell OSWALD, Commissioner of Correctional Services, and J. Edwin LaVallee, Superintendent of Clinton Correctional Facility, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 16, 1977.

Rehearing Denied June 17, 1977.

Attorney(s) appearing for the Case

Theodore H. Katz, New York City (William E. Hellerstein, Joel Berger and The Legal Aid Society, Prisoners' Rights Project, New York City, of counsel), for plaintiffs-appellees.

Joan P. Scannell, Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of State of N.Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellants.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

Rehearing En Banc Denied June 17, 1977, see 557 F.2d 359.

MOORE, Circuit Judge:

Defendants, Russell G. Oswald, Commissioner of Correctional Services and J. Edwin LaVallee, Superintendent of Clinton Correctional Facility (hereinafter "Clinton") appeal from a judgment in favor of plaintiffs, Raymond Gilliard, Francis Bloeth and John Suggs, inmates of Clinton at the time of the events herein described, awarding them $715, $748...

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