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MENECHINO v. OSWALD

No. 871, Docket 34665.

430 F.2d 403 (1970)

Joseph MENECHINO, Plaintiff-Appellant, v. Russell G. OSWALD, as Chairman of the New York State Board of Parole, New York State Board of Parole, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 5, 1970.

Attorney(s) appearing for the Case

David Rosenberg, New York City (Leonard B. Boudin, Rabinowitz, Boudin & Standard, New York City, on the brief), for plaintiff-appellant.

Hillel Hoffman, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for defendants-appellees.

Before ANDERSON and FEINBERG, Circuit Judges, and MANSFIELD, District Judge.

MANSFIELD, District Judge.

This appeal by a state prisoner from a judgment of the district court dismissing his complaint under the Federal Civil Rights Law, 42 U.S.C. § 1983, and the Declaratory Judgment Act, 28 U.S.C. § 2201, raises the question of whether a prisoner is entitled under the Fourteenth Amendment to procedural due process rights upon his being interviewed and considered by the New York State Board of Parole for release on parole before the...

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