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HOLUP v. GATES

Nos. 1078, 1296 and 1297, Dockets 76-2013, 76-2018 and 76-2045.

544 F.2d 82 (1976)

Michael HOLUP et al., Plaintiffs-Appellants, v. J. Bernard GATES, Chairman, Connecticut Board of Parole, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 20, 1976.

Attorney(s) appearing for the Case

Stephen Wizner and Phil Kunsberg,* New Haven, Conn. (Judith M. Mears, Dennis E. Curtis and Mary F. Keller, New Haven, Conn., of counsel), for plaintiffs-appellants.

Stephen J. O'Neill, Asst. Atty. Gen., Hartford, Conn. (Carl R. Ajello, Atty. Gen., Hartford, Conn., of counsel), for defendants-appellees.

Before MANSFIELD, OAKES and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

There were originally three plaintiffs in the District Court of Connecticut, Thomas LaBonte, Michael Holup and Howard Studley. Each separately sought a declaratory judgment under 42 U.S.C. § 1983 and 28 U.S.C. § 2201 to the effect that the Due Process Clause of the Fourteenth Amendment requires (a) that each state prisoner be allowed to inspect his prison file before it is used by the Connecticut Parole Board in deciding whether...

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