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GOOSBY v. OSSER

No. 71-1935.

452 F.2d 39 (1971)

Andrew C. GOOSBY, Holmesburg Prison, Philadelphia, Pa., et al., Appellants, v. Maurice S. OSSER, City Commissioner, City Hall Annex, Philadelphia, Pa., et al.

United States Court of Appeals, Third Circuit.

Decided October 26, 1971.

As Amended November 11, 1971.

Rehearing Denied December 17, 1971.

Attorney(s) appearing for the Case

Joseph A. Torregrossa, Philadelphia, Pa., for appellants.

Harry Wolov, Philadelphia, Pa., for appellees.

Barry A. Roth, Deputy Atty. Gen., Dept. of Justice, Harrisburg, Pa., for the Commonwealth of Pa.

Before ALDISERT, GIBBONS and ROSENN, Circuit Judges.

Submitted under Third Circuit Rule 12(6) on October 21, 1971.

Rehearing En Banc Denied December 17, 1971.

OPINION OF THE COURT

PER CURIAM:

This appeal from the district court's order of October 6, 1971 requires us to decide whether the court erred in dismissing plaintiffs' complaint. We are persuaded that there was no error and will affirm.

We have concluded that the substantive constitutional challenge to the two Pennsylvania statutes...

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