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BERRIGAN v. SIGLER

No. 73-1563.

499 F.2d 514 (1974)

Philip BERRIGAN et al., Appellants, v. Maurice SIGLER, Chairman of the board of parole and all members of the said board of parole (all of whom have their offices at room 354 HOLC (Building) et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 1974.

Attorney(s) appearing for the Case

Morton Stavis, New York City, with whom Alvin J. Bronstein, Washington, D. C., was on the brief, for appellants.

N. Richard Janis, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, John A. Terry and Gil Zimmerman, Asst. U. S. Attys., were on the brief, for appellees. Earl J. Silbert, U. S. Atty., also entered an appearance for appellees.

Before BAZELON, Chief Judge, McGOWAN, Circuit Judge, and CHRISTENSEN, United States District Judge for the District of Utah.

CHRISTENSEN, Senior District Judge.

Despite a preliminary exploration of the problem to the contrary,1 it has now been determined that a constitutional balance was struck by the Board of Parole between its duties of supervision and the right of parolees to travel in denying leave for appellants to make a trip to North Vietnam under the circumstances, and we therefore affirm the summary judgment of the district court to this effect.

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