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GESICKI v. OSWALD

No. 71 Civ. 3276.

336 F.Supp. 365 (1971)

Esther Frances GESICKI et al., Plaintiffs, v. Russell G. OSWALD, Commissioner of Correctional Services, et al., Defendants.

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

August 30, 1971.

Attorney(s) appearing for the Case

Herman Schwartz, Edward I. Koren, Buffalo, N. Y., Rhoda H. Karpatkin, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for defendants; Samuel A. Hirshowitz, Arlene R. Silverman, Asst. Attys. Gen., of counsel.

LASKER, District Judge.

Esther Gesicki, Marion Johnson and Dominica Morelli have all been committed to terms in custody1 under the Wayward Minor statute, New York Code of Criminal Procedure, §§ 913-a through 913-dd.2 They sue under the Civil Rights Act and the Habeas Corpus Act to set aside their convictions, for a declaration that the statute is unconstitutional, and for injunctive relief, and seek...

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