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KIRKLAND v. NEW YORK STATE DEPT. OF CORRECTIONAL SERV.

No. 73 Civ. 1548.

358 F.Supp. 1349 (1973)

Edward L. KIRKLAND et al., Plaintiffs, v. The NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Defendants.

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

June 7, 1973.

Attorney(s) appearing for the Case

Jack Greenberg, Jeffry A. Mintz, Deborah M. Greenberg, Morris J. Baller, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., State of N. Y., New York City, Attorney for defendants; Irving Galt, Asst. Atty. Gen., Stanley L. Kantor, Deputy Asst. Atty. Gen., of counsel.

MEMORANDUM

LASKER, District Judge.

Defendants have moved to dismiss for improper venue, or, in the alternative, for a transfer of venue to the Northern District of New York. Defendants reside in the Northern, Eastern and Southern Districts of New York. Since jurisdiction is not predicated on diversity of citizenship, venue is governed by 28 U.S.C. § 1391(b) or, since defendants all reside in New York State...

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