Byron G. SMITH, Plaintiff-Appellee,
v.
Allan L. ROBBINS, Warden, Defendant-Appellant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard January 5, 1972.
Decided January 18, 1972.
Attorney(s) appearing for the Case
Courtland D. Perry, Asst. Atty. Gen., for Allan L. Robbins, Warden.
David J. Halperin, Portland, Me., for Byron G. Smith.
Max D. Stern, John D. Leubsdorf, Foley, Hoag & Eliot, Boston, Mass., Thomas P. Kapantais, Cumberland Center, Me., and Stanley A. Bass, New York City, on the brief for Pine Tree Legal Assistance, Inc., Massachusetts Law Reform Institute, NAACP Legal Defense and Education Fund, Inc., National Office for the Rights of the Indigent, amici curiae.
Before ALDRICH, Chief Judge, Mc-ENTEE and COFFIN, Circuit Judges.
United States Court of Appeals, First Circuit.
ALDRICH, Chief Judge.
The primary issue in this case is whether the district court, 328 F.Supp. 162, in a 42 U.S.C. § 1983 suit brought by a state prisoner against his warden, erred in ruling that mail addressed to the prisoner and adequately shown to be from a member of the state bar may not be opened, to see if the envelope contains contraband, in the absence of the prisoner. By...
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