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FROMER v. SCULLY

No. 717, Docket 88-7885.

874 F.2d 69 (1989)

Yevgen FROMER, Plaintiff-Appellee, v. Charles J. SCULLY, Harold J. Smith, Walter Kelly, Everett W. Jones, Thomas A. Coughlin, III, and Hirshel Jaffee, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 14, 1989.

Attorney(s) appearing for the Case

Joel W. Sternman, New York City (Jean Simonoff Marx, Rosenman & Colin, New York City, of counsel), for plaintiff-appellee.

Martha O. Shoemaker, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Howard L. Zwickel, Chief, Litigation Bureau, State of N.Y., New York City, of counsel), for defendants-appellants.

Before FEINBERG, KEARSE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This is an appeal from Judge Stewart's decision holding a regulation of the Department of Correctional Services of New York State ("DOCS") concerning the length of inmates' beards unconstitutional as applied to appellee Yevgen Fromer. This matter has been before both the district court and this court before. The district court originally held the regulation in question unconstitutional in Fromer v. Scully, 649 F.Supp...

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