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ENG v. COUGHLIN

No. CIV-80-385T.

726 F.Supp. 40 (1989)

George ENG, Joel Clayman, Ronald West, Martin Spence, John Griffin, Joseph Rivera, Raheem Supreme, Alonzo Starling, Kevin Richardson, Individually and on behalf of all persons similarly situated, Plaintiffs, v. Thomas COUGHLIN, III, Commissioner of Corrections for the State of New York; Arthur Leonardo, Deputy Commissioner of Correctional Services; Donald Selsky, Acting Director of Special Housing, Department of Correctional Services; Harold J. Smith, Superintendent, Attica Correctional Facility; James Cochran, Deputy Superintendent, Attica Correctional Facility; William McAnulty, Deputy Superintendent, Attica Correctional Facility, in their official capacities, Defendants.

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

November 22, 1989.

Attorney(s) appearing for the Case

Robert Lonski, Buffalo, N.Y., for plaintiffs.

N.Y. State Atty. Gen. (Charles D. Steinman, Asst. Atty. Gen. of counsel), Rochester, N.Y., U.S. Attys. Office (Kathleen M. Mehltretter, Asst. U.S. Atty., of counsel), Buffalo, N.Y., for defendants.

David Rowley, Rowley, Forest & O'Donnell, Albany, N.Y., for intervenors.

DECISION AND ORDER

TELESCA, Chief Judge.

Plaintiffs move pursuant to Fed.R. Crim.P. 6(e)(3)(C)(i) for an order to disclose testimony given before a federal grand jury which was convened September 16, 1985 to investigate allegations of mistreatment of prisoners by Attica Correctional Facility officers.* Certain individual employees of the New York State Department of Correctional Services ("DOCS") have cross-moved to intervene...

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