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PALERMO v. WARDEN, GREEN HAVEN STATE PRISON

Nos. 1341, 1342, 1343, Dockets 76-2055, 76-2060, 76-2063.

545 F.2d 286 (1976)

Thomas PALERMO and Sheldon Saltzman, Petitioners-Appellees, v. WARDEN, GREEN HAVEN STATE PRISON, Respondent-Appellant, and Russell Oswald et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 1, 1976.

Attorney(s) appearing for the Case

Nancy Rosner, New York City (Elliot A. Taikeff, New York City, of counsel), for appellee Palermo.

Harry L. Simmons, New York City, for appellee Saltzman.

Ralph McMurry, Asst. Atty. Gen. of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, of counsel), for State appellants.

Before WATERMAN and MESKILL, Circuit Judges, and BARTELS, District Judge.

MESKILL, Circuit Judge:

In 1970, Thomas Palermo and Sheldon Saltzman, both New York State prisoners, brought suit against a multitude of officials seeking, inter alia, damages for alleged nonfulfillment of a negotiated plea agreement and immediate release from prison under 42 U.S.C. §§ 1983, 1985. Judge Mansfield, then a district judge, held that the complaint stated a valid claim against Parole Commissioners Russell Oswald and Howard Jones and other...

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