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UNITED STATES EX REL. MARTIN v. STRASBURG

No. 77 Civ. 6176 (RLC).

513 F.Supp. 691 (1981)

UNITED STATES of America ex rel. Gregory MARTIN, Luis Rosario, Kenneth Morgan et al., Petitioners, v. Paul STRASBURG, as Commissioner, New York City Department of Juvenile Justice, Respondent.

United States District Court, S. D. New York.

April 17, 1981.

Attorney(s) appearing for the Case

Martin Guggenheim, Bruce J. Ennis, New York City, American Civil Liberties Union, Charles Schinitsky, Charles A. Hollander, Janet R. Fink, Brooklyn, N. Y., for petitioners.

Robert Abrams, Atty. Gen. of the State of N. Y., New York City, pro se; Judith A. Gordon, Kathleen Gill Miller, Asst. Attys. Gen., New York City, of counsel; Mary Ann B. Orenstein, Legal Asst.

OPINION

ROBERT L. CARTER, District Judge.

I

Statement of the Case

This habeas corpus class action proceeding is being brought on behalf of a class of all juveniles who are being held or who will be held before these proceedings are concluded in pretrial detention under N.Y. Family Court Act § 739(a)(ii) (McKinney) ("the Act"). Petitioners seek a declaratory judgment that § 739(a)(ii) violates the due process and equal protection...

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