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WELCH v. SMITH

No. 655, Docket 86-2200.

810 F.2d 40 (1987)

Elbert WELCH, Juanita Welch and Mae Brown, Plaintiffs, Elbert Welch, Plaintiff-Appellant, v. Harold J. SMITH, Superintendent, Attica Correctional Facility and Ms. Mills, Chief of Mental Hygiene Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 27, 1987.

Attorney(s) appearing for the Case

Elbert Welch, pro se.

Nancy Spiegel, Asst. Atty. Gen., N.Y. State Dept. of Law, Albany, N.Y. (Robert Abrams, Atty. Gen. of State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Wayne L. Benjamin, Asst. Atty. Gen., of counsel), for defendants-appellees.

Before KAUFMAN, TIMBERS and MINER, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

We decide today whether an order denying the appointment of counsel to enable a plaintiff to pursue a lawsuit under 42 U.S.C. § 1983 is appealable prior to a final judgment in the action.

Were this question before us as one of first impression, we would find it of considerable intricacy, in light of the weighty competing interests involved and the varying resolutions of our sister circuits. Since, however, we are convinced...

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