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MORRIS v. AFFLECK

No. 7710.

437 F.2d 82 (1971)

Joseph MORRIS et al., Plaintiffs, Appellees, v. John R. AFFLECK, Director, etc., et al., Defendants, Herbert F. DeSimone, Appellant.

United States Court of Appeals, First Circuit.

January 6, 1971.

Attorney(s) appearing for the Case

Donald P. Ryan, Asst. Atty. Gen., with whom Herbert F. DeSimone, Atty. Gen., was on the brief, for appellant.

Robert L. Barton, Jr., Providence, R. I., with whom Cary J. Coen, Providence, R. I., and Stanley A. Bass, New York City, were on the brief, for Raymond Wilbur, appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

The plaintiff below, an inmate in a Rhode Island prison, claimed the state was prosecuting him because he had exercised certain rights guaranteed prisoners by an earlier consent decree issued by the District Court of the District of Rhode Island. The district court held no evidentiary hearing, but did hear arguments from counsel before entering a preliminary injunction against the state proceedings. Before defendants could obtain review of that...

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