United States of America Ex Rel. Kenneth Headley, Bobby Sams and Charles Huntley v. Vincent R. Mancusi, Warden, Attica Prison, Attica, New York

The habeas corpus petitions of these New York State prisoners serving sentences for robbery in the first degree were consolidated for consideration by the district court.

Petitioners moved for permission to amend their petitions by adding claims under Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) and Roberts v. Russell, 392 U.S. 293, 88 S.Ct. 1921, 20 L.Ed.2d 1100 (1968). Their motion was denied and they appeal.

Ordinarily we would be unwilling to entertain an appeal from such an order, since there are still pending before the district court a number of other…