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FERNANDEZ v. TRIAS MONGE

No. 78-1066.

586 F.2d 848 (1978)

Eusebia FERNANDEZ etc., Plaintiff, Appellant, v. Honorable Jose TRIAS MONGE etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 28, 1978.

Attorney(s) appearing for the Case

Maria Laura Colon, Hato Rey, P. R., with whom Heriberto Quinones-Eshevarria, Hato Rey, P. R., was on brief, for appellant.

Reina Colon de Rodriguez, Asst. Sol. Gen., Dept. of Justice, San Juan, P. R., with whom Hector A. Colon Cruz, Sol. Gen., San Juan, P. R., was on brief, for appellees.

Before CAMPBELL and BOWNES, Circuit Judges, PETTINE, District Judge.

PETTINE, District Judge.

This case dramatically diagrams the pitfalls that snare or nearly snare litigants and courts alike when a constitutional claim is brought in federal court that involves an ongoing state prosecution. The deceptively simple rule announced in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), that a federal court should not enjoin the pending state proceeding, premised on the sound judicial...

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