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HOITT v. VITEK

No. 73-1351.

495 F.2d 219 (1974)

Carl B. HOITT, Jr., et al., Plaintiffs, Appellees, v. Joseph C. VITEK, etc., et al., Defendants, Appellees. Russell E. Collins et al., Plaintiffs, Appellants.

United States Court of Appeals, First Circuit.

Decided April 9, 1974.

Attorney(s) appearing for the Case

George Charles Bruno, Manchester, N. H., with whom Kurt Swenson was on brief, for appellants.

John J. Donahue, John M. Roney, Providence, R. I., Max D. Stern, Burnham, Stern & Shapiro, Boston, Mass., Jack Greenberg, and Stanley A. Bass, New York City, on brief, for Rhode Island Legal Services, Inc. and N. A. A. C. P. Legal Defense and Educational Fund, amici curiae.

Dina Lassow and R. Patrick Maxwell, Washington, D. C., on brief for National Legal Aid and Defender Association, amicus curiae.

David W. Hess, Asst. Atty. Gen., with whom Warren B. Rudman, Atty. Gen., was on brief, for appellees.

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

COFFIN, Chief Judge.

This is an appeal from the district court's denial of attorneys' fees to the plaintiff intervenors represented below by New Hampshire Legal Assistance (NHLA). The suit, Hoitt v. Vitek, 361 F.Supp. 1238 (D.N.H.1973), was brought by prisoners against the warden of New Hampshire State Prison to redress alleged deprivations of civil rights in violation of 42 U.S.C. § 1983. The crux of the prisoners' complaints...

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