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THERIAULT v. SMITH

No. 75-1221.

519 F.2d 809 (1975)

Gloria THERIAULT et al., Plaintiffs-Appellants, v. David E. SMITH, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided July 30, 1975.

Attorney(s) appearing for the Case

Robert Edmond Mittel and Susan W. Calkins, Portland, Me., for plaintiffs-appellants.

Joseph M. Kozak, Asst. Atty. Gen., for defendant-appellee.

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

McENTEE, Circuit Judge.

The pending motion, backwash from Burns v. Alcala, 420 U.S. 575, 95 S.Ct. 1180, 43 L.Ed.2d 469 (1975), seeks a stay pending appeal of a district court order vacating an injunction predicated on the view rejected in Burns. How the controversy developed can be briefly stated. On June 25, 1974, plaintiffs filed a suit against defendant, a Maine official, claiming that he was violating federal law by...

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