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SMITH v. WASHINGTON

No. 76-1370.

593 F.2d 1097 (1978)

Anthony A. SMITH et al., Appellants, v. Walter E. WASHINGTON et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 23, 1978.

Attorney(s) appearing for the Case

Robert S. Catz, Washington, D. C., with whom Richard S. McMillin, Washington, D. C., Ann F. Cohen* and Robert Hays* were on brief, for appellants.

Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., for the District of Columbia, with whom John R. Risher, Jr., Corporation Counsel, Louis P. Robbins, Principal Asst. Corp. Counsel, John M. Clifford and Leo N. Gorman, Asst. Corp. Counsels, Washington, D. C., at the time the brief was filed, were on brief, for appellees.

Before BAZELON, McGOWAN and MacKINNON, Circuit Judges.

Opinion for the Court filed by BAZELON, Circuit Judge.

Concurring opinion filed by MacKINNON, Circuit Judge.

BAZELON, Circuit Judge:

Appellants, prisoners in the D.C. Jail, filed this action for declaratory and injunctive relief contesting the constitutionality of segregating alleged or confessed homosexuals in D.C. Jail without a hearing. The district court sustained defendant D.C. officials' motion to dismiss for lack of jurisdiction, holding that...

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