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RIVERA v. SANTIROCCO

Nos. 384, 798, Docket Nos. 86-2294, 86-2401.

814 F.2d 859 (1987)

Hector RIVERA, Plaintiff, v. Vincent SANTIROCCO, 42nd Precinct, Shield # 24233 and New York City Police Department, Jointly, Severally, and Individually, Respectively, Defendants, New York State Department of Correctional Services and Eugene Lefevre, Intervenors-Appellants, United States Bureau of Prisons and United States Marshals Service, Intervenors-Appellees. Mark DUPREE, Plaintiff-Appellee, v. Wilson WALTERS, K. Lido, L. Williams, T. Dinkins, M. Lee, T. Cutts, Y. Reyes, R. Washington, E. Gurriero, individually and in their official capacities as Correctional Officers of the State of New York, Defendants, United States Bureau of Prisons and United States Marshals Service, Intervenors-Appellants, New York State Department of Correctional Services, Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Submitted February 2, 1987.

Decided March 23, 1987.

Attorney(s) appearing for the Case

Jo Ann M. Becker, Asst. Atty. Gen. of N.Y. (Robert Abrams, Atty. Gen. of N.Y., Howard L. Zwickel, Asst. Atty. Gen. of N.Y., of counsel), for N.Y. State Dept. of Correctional Services and Eugene Lefevre.

Peter C. Salerno, Asst. U.S. Atty., S.D.N.Y. (Rudolph W. Giuliani, U.S. Atty. for S.D.N.Y., Steven E. Obus, Asst. U.S. Atty., of counsel), for U.S. Bureau of Prisons and U.S. Marshals Service.

Clifford James, New York City (Shea & Gould, New York City, Douglas Burns, of counsel), for plaintiff-appellee Mark DuPree.

Before LUMBARD, OAKES, and KEARSE, Circuit Judges.

Argued in No. 384 November 6, 1986.

Submitted in No. 798 February 2, 1987.

LUMBARD, Circuit Judge:

These two appeals, consolidated for decision, present the same question: Whether a federal district court, having issued a writ of habeas corpus ad testificandum, has the power to direct the United States Marshals Service to take custody of a state prisoner produced under the writ, and the United States Bureau of Prisons to house him, during trial...

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