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HAYMES v. MONTANYE

No. 20, Docket 74-1208.

547 F.2d 188 (1976)

Rodney R. HAYMES, Petitioner-Appellant, v. Ernest L. MONTANYE, Superintendent, Attica Correctional Facility and Smith, Deputy Superintendent, Attica Correctional Facility, Respondent-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 28, 1976.

Attorney(s) appearing for the Case

Alvin J. Bronstein, Washington, D. C. (National Prison Project of the American Civil Liberties Union Foundation, Inc., Washington, D. C., and Herman Schwartz, SUNY Buffalo Law School, Amherst, N. Y.), for appellant.

Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., and Margery Evans Reifler, Asst. Atty. Gen., New York City, for appellees.

Before KAUFMAN, Chief Judge, SMITH and TIMBERS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This case is here on remand from the Supreme Court, Montanye, Correctional Superintendent v. Haymes, 427 U.S. 236, 96 S.Ct. 2543, 49 L.Ed.2d 466 (1976). This court had held that the transfer of Haymes from New York's Attica Correctional Facility ("Attica") to New York's Clinton Correctional Facility ("Clinton") without a hearing violated the fourteenth amendment, and we had therefore reversed the...

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