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RICHARDSON v. DUDLEY

No. 68 Civ. 4616.

295 F.Supp. 181 (1969)

James RICHARDSON et al., Plaintiffs, v. Hon. Edward R. DUDLEY et al., Defendants.

United States District Court S. D. New York.

January 17, 1969.

Attorney(s) appearing for the Case

Harold J. Rothwax, New York City, for plaintiffs, Richardson, Pagan, Drysdale, Wing, Collier, Ratliff, and Morton; Michael B. Rosen and Martin A. Schwartz, New York City, of counsel.

William Leibovitz, Ellis, Stringfellow, Patton & Leibovitz, New York City, for plaintiffs, Wilson and Simmons.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, for defendants; Maria L. Marcus, Asst. Atty. Gen., of counsel.

Frank S. Hogan, Dist. Atty., of New York County, for intervenor-defendant; Michael Juviler, Lewis R. Friedman, Asst. Dist. Attys., of counsel.

Before KAUFMAN, Circuit Judge, and FRANKEL and MANSFIELD, District Judges.

OPINION

FRANKEL, District Judge.

The nine plaintiffs in this case, suing for themselves "and members of their class," are defendants in criminal proceedings which have been partially processed and remain pending in the Criminal Court of the City of New York. Each of them, in circumstances to be more fully detailed below, has moved in that Court for a trial by jury, claiming a right to such a trial under the Sixth...

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