District Court, S.D. New York January 21, 1969, No. 68 Civ. 1904 (Clausell v. Turner)

OPINION

HERLANDS, District Judge:

A fundamental issue of far-ranging importance raised by defendant Rooney’s motion to dismiss the complaint in this declaratory judgment action is whether the validity of plaintiff’s incarceration following trial, conviction and sentence can be collaterally attacked in a proceeding under the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.