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ROYSTER v. McGINNIS

No. 70 Civ. 4365.

332 F.Supp. 973 (1971)

James ROYSTER, Percy Rutherford and all other persons similarly situated, Plaintiffs, v. Paul D. McGINNIS, Commissioner of Correction, et al., Defendants.

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

August 23, 1971.

Attorney(s) appearing for the Case

James J. McDonough, Legal Aid Society of Nassau County, N. Y., Mineola, N. Y., for plaintiffs; Matthew Muraskin, G. Jeffrey Sorge, Mineola, of counsel.

Louis J. Lefkowitz, Atty. Gen., of State of New York, New York City, for defendants; Samuel A. Hirshowitz, Michael Colodner, New York City, of counsel.

Before HAYS, Circuit Judge, and METZNER and LASKER, District Judges.

OPINION

LASKER, District Judge.

Two New York State prisoners have brought this class action seeking a declaratory judgment that Section 230(3) of the New York Correction Law, McKinney's Consol.Laws, c. 43, under which their "good time" was computed, is unconstitutional and an injunction against the alleged discriminatory practices pursued by defendants in application of that statute.

Plaintiffs attack the constitutionality of the provision in §...

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