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NOLAN v. FITZPATRICK

Nos. 71-1156, 71-1166.

451 F.2d 545 (1971)

Daniel NOLAN et al., Plaintiffs, v. John FITZPATRICK et al., Defendants (two cases).

United States Court of Appeals, First Circuit.

Decided November 4, 1971.

Attorney(s) appearing for the Case

John Leubsdorf, with whom Michael B. Keating, Foley, Hoag & Eliot, Boston, Mass., and Max D. Stern, Cambridge, Mass., were on brief, for Daniel Nolan and others.

Charles E. Chase, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Criminal Div., were on brief, for John Fitzpatrick and others.

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

COFFIN, Circuit Judge.

Plaintiffs Nolan and LeFebvre, two prisoners confined at the Massachusetts Correctional Institution at Walpole, have brought this action to challenge the constitutionality of that prison's total ban on prisoner letters to the news media concerning prison affairs. Plaintiffs have exhausted their administrative remedies under state law and seek a declaratory judgment and injunctive relief, invoking the jurisdictional provisions of 28 U.S.C. &...

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