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GOMES v. TRAVISONO

Nos. 73-1065, 73-1066.

490 F.2d 1209 (1973)

Douglas GOMES et al., Plaintiffs, v. Anthony P. TRAVISONO et al., Defendants.

United States Court of Appeals, First Circuit.

Decided December 28, 1973.

As Amended January 7, 1974.

Attorney(s) appearing for the Case

Richard J. Israel, Atty. Gen., with whom W. Slater Allen, Jr., Asst. Atty. Gen., was on brief, for Anthony P. Travisono, and others.

Max D. Stern, Boston, Mass., with whom Stern & Shapiro, Boston, Mass., Cary J. Coen, Providence, R. I., Jack Greenberg, New York City, and Stanley A. Bass, Chicago, Ill., were on brief, for Douglas Gomes, and others.

Before COFFIN, Chief Judge, KILKENNY and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

These appeals raise the general question: to what extent, if at all, does the Constitution require that procedural rights be extended to prisoners prior to their transfer from a prison in one state to that in another state? The district court, in a lengthy and thoughtful opinion, 353 F.Supp. 457 (D.R.I.1973), granted broad injunctive and declaratory relief. We affirm in part and reverse in part.

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