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COBB v. AYTCH

No. 75-2049.

539 F.2d 297 (1976)

Charles COBB et al. v. Louis S. AYTCH et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided July 15, 1976.

Attorney(s) appearing for the Case

James M. Penny, Jr., Asst. City Sol., Raymond Kitty, Deputy City Sol., Sheldon L. Albert, City Sol., Philadelphia, Pa., for appellants.

Elliot B. Platt, Gregory Paulson, Edmund P. Daley, Ann S. Torregrossa, Community Legal Services, Inc., Philadelphia, Pa., for plaintiffs-appellees.

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiffs brought this civil rights class action alleging that transfers between county and state prison institutions, initiated pursuant to Pa.Stat.Ann. tit. 61, § 72, are violative of their rights under the first, sixth, eighth, and fourteenth amendments to the Constitution. They sought a declaratory judgment and preliminary and permanent injunctions enjoining defendants from transferring them to state penal...

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