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APEL v. MURPHY

No. 75-1327.

526 F.2d 71 (1975)

Warren C. APEL et al., Plaintiffs-Appellants, v. Dennis J. MURPHY, etc., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided December 1, 1975.

Attorney(s) appearing for the Case

Gerald W. Harrington, Providence, R. I., with whom Deming E. Sherman, Providence, R.I., was on brief, for plaintiffs-appellants.

J. Peter Doherty, Sp. Asst. Atty. Gen., with whom Julius C. Michaelson, Atty. Gen., Providence, R. I., was on brief, for defendants-appellees.

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

LEVIN H. CAMPBELL, Circuit Judge.

This is an appeal from the order of a single district judge abstaining from decision of matters of state law and staying further federal relief pending state court adjudication of the state law issues. Appellants filed a complaint in the district court seeking a declaratory judgment that a Rhode Island statute and regulation are unconstitutional, a temporary restraining order "pending the convening of the required three Judge Court...

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