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PICKUS v. UNITED STATES BOARD OF PAROLE

No. 73-1987.

507 F.2d 1107 (1974)

Richard PICKUS et al., Appellees, v. UNITED STATES BOARD OF PAROLE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 11, 1974.

Rehearing Denied December 10, 1974.

Attorney(s) appearing for the Case

Victor D. Stone, Atty., Dept. of Justice, with whom Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, was on the brief for appellant. Earl J. Silbert, U. S. Atty. and Robert M. Werdig, Jr., Asst. U. S. Atty., entered appearances for appellant.

Victor H. Kramer, Washington, D. C., with whom Richard B. Wolf, William L. McGovern, Abe Krash and Patrick F. J. Macrory, Washington, D. C., were on the brief for appellees.

Before HASTIE, Senior Circuit Judge for the Third Circuit, and ROBB and WILKEY, Circuit Judges.

HASTIE, Senior Circuit Judge:

Section 4 of the Administrative Procedure Act (hereinafter, the Act) 5 U.S.C. § 553, requires that federal agency rulemaking be attended by advance public notice and opportunity for interested persons to participate through oral or written submission of data or opinion. For many years the United States Board of Parole has published guidelines which specify many of the factors which it considers in the exercise of its discretion to...

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