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LEWIS v. ROCKEFELLER

No. 69 Civ. 2871.

305 F.Supp. 258 (1969)

Michael E. LEWIS, individually and on behalf of all other persons similarly situated, Plaintiff, v. Nelson A. ROCKEFELLER, individually and in his capacity as Governor of New York and the New York State Board of Parole, Defendants.

United States District Court S. D. New York.

October 10, 1969.

Attorney(s) appearing for the Case

Morrisania Legal Services, Robert P. Mason, Bronx, N. Y., for plaintiff, Robert Asher, Bronx, N. Y., of counsel; and Kenneth David Burrows, Bronx, N. Y., on the brief).

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants; Samuel A. Hirshowitz, First Asst. Atty. Gen., and Maria L. Marcus, Asst. Atty. Gen., of counsel.

OPINION

MacMAHON, District Judge.

Plaintiff, Michael E. Lewis, moves for an order convening a statutory threejudge court, permitting him to maintain this action as a class action and granting an injunction pendente lite.

This is an action under the Civil Rights Act, 42 U.S.C. § 1983, seeking a declaratory judgment and permanent injunction declaring unconstitutional and restraining enforcement...

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