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O'MALLEY v. BRIERLEY

No. 72-1056.

477 F.2d 785 (1973)

Father John J. O'MALLEY et al., Appellants, v. Joseph R. BRIERLEY, Superintendent of the State Correctional Institution at Pittsburgh, et al.

United States Court of Appeals, Third Circuit.

Decided April 30, 1973.

Attorney(s) appearing for the Case

Harry F. Swanger, Leonard I. Sharon, James H. Logan, Paul D. Boas, Pittsburgh, Pa., Stanley A. Bass, NAACP Legal Defense Fund and Educational Fund, New York City, for appellants.

Frederick N. Frank, Asst. Atty. Gen., John J. Kennedy, Jr., Asst. Atty. Gen., J. Shane Creamer, Atty. Gen., Harrisburg, Pa., for appellees.

Roslyn M. Litman, Pittsburgh, Pa., for American Civil Liberties Union, Greater Pittsburgh Chapter, for amicus curiae.

Before SEITZ, Chief Judge, ALDISERT, Circuit Judge, and FISHER, District Judge.

Submitted Under Third Circuit. Rule 12(6) February 2, 1973.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented on this appeal is the propriety of summary judgment in an action brought under the Civil Rights Act, 42 U.S.C. § 1983, by certain Catholic priests and prisoners, contending that their First Amendment rights were abridged when state prison officials withdrew from the priests previously granted privileges to conduct...

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