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ENGBLOM v. CAREY

No. 732, Docket 81-7769.

677 F.2d 957 (1982)

Marianne E. ENGBLOM and Charles E. Palmer, Plaintiffs-Appellants, v. Hugh L. CAREY, Governor of the State of New York, Richard D. Hongisto, Acting Commissioner, New York State Department of Correctional Services, Joseph C. Snow, Superintendent of the Mid-Orange Correctional Facility, Major-General Vito J. Castellano, Chief of Staff to the Governor of New York, New York National Guard, Lieutenant-Colonel Justin M. Queally, an Officer of the 106th Maintenance Battalion of the New York National Guard, Captain "John" Drew, an Officer of the 101st Signal Battalion of the New York National Guard, and Various Officers and Enlisted Men, Members of the New York National Guard, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 3, 1982.

Attorney(s) appearing for the Case

Alan N. Sussman, Kingston, N. Y. (Ricken, Goldman, Sussman & Blythe, Kingston, N. Y., of counsel), for plaintiffs-appellants.

Arlene R. Silverman, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., State of N. Y., George D. Zuckerman, Asst. Sol. Gen., New York City, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and KAUFMAN and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

In this action, brought in the Southern District of New York under 42 U.S.C. § 1983 and 28 U.S.C. §§ 1331 and 1343(3) & (4) by two correction officers at the Mid-Orange Correctional Facility ("Mid-Orange") in Warwick, New York, against the Governor and various officials of the State of New York, plaintiffs-appellants contend that their due process and Third Amendment rights were violated during a statewide strike of correction...

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