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ABNEY v. WARD

No. 77 CIV. 3896 (MP).

440 F.Supp. 1129 (1977)

Frank ABNEY a/k/a Khali, Gary Feldman, Kerry Flaherty, Harold Jones, and Wayne Nelson, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. Benjamin WARD, Commissioner of the New York State Department of Correctional Services, and Jack Czarnetzky, Superintendent of Eastern Correctional Facility, Napanoch, New York, Individually and in their official capacities, Defendants.

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

November 15, 1977.

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York for plaintiffs; by Susan N. Herman, New York City.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, by Margery Evans Reifler, Asst. Atty. Gen., New York City, for defendants.

DECISION

POLLACK, District Judge.

Defendants have moved for an award of attorney's fees, to be paid by the attorneys for the plaintiffs. The motion suggests that plaintiffs' attorneys acted vexatiously, wantonly or for oppressive reasons in seeking emergency injunctive relief on behalf of the plaintiffs, without any semblance of reasonable grounds therefor, and without even the plaintiffs' knowledge that such action was taken in their names and on their...

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