BRITT v. McKENNEY

No. 75-1279.

529 F.2d 44 (1976)

Samuel BRITT et al., Plaintiffs-Appellants, v. Elwood S. McKENNEY et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided January 23, 1976.


Attorney(s) appearing for the Case

Henry Paul Monaghan, Boston, Mass., with whom Wallace W. Sherwood, Brian W. LeClair, Richard W. Benka, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for appellants.

Robert V. Greco, Asst. Atty. Gen., Crim. Div., with whom Francis X. Bellotti, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Crim. Bureau, Boston, Mass., were on brief, for appellees.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.


ALDRICH, Senior Circuit Judge.

On this appeal five plaintiff appellants seek to maintain a class action for a declaratory judgment to the effect that Massachusetts criminal defendants who are unable to afford stenographers or other means to record the testimony at probable cause hearings, Mass. G.L. c. 276, §§ 38, 42, have been constitutionally deprived by the Commonwealth's failure to create a transcript. They are faced at the outset with a claim that jurisdiction...

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