GERAGHTY v. UNITED STATES PAROLE COMMISSION

Nos. 77-1679, 77-1858.

579 F.2d 238 (1978)

John M. GERAGHTY, Individually and on behalf of a class, Appellant in 77-1679, v. UNITED STATES PAROLE COMMISSION and Attorney General of United States and Superintendent Federal Prison, Allenwood, Pennsylvania. Appeal of Eliezer BECHER, in 77-1858.

United States Court of Appeals, Third Circuit.

Decided March 9, 1978.


Attorney(s) appearing for the Case

Kenneth N. Flaxman, Chicago, Ill., Waring R. Fincke, Montoursville, Pa., for appellants.

Benjamin R. Civiletti, Asst. Atty. Gen., Washington, D. C., Harry A. Nagle, Lewisburg, Pa., George W. Calhoun, Patrick J. Glynn, Attys., Dept. of Justice, Washington, D. C., for appellees; S. John Cottone, U. S. Atty., Scranton, Pa., Joseph F. Cimini, Asst. U. S. Atty., Lewisburg, Pa., of counsel.

Before ADAMS and GARTH, Circuit Judges, and LACEY, District Judge.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal, in an action challenging the parole guidelines promulgated by the United States Parole Commission, raises two issues of broad import. First, it requires us to examine the conditions under which a class action, which the trial court refused to certify, may be submitted to an appellate court despite the fact that the named plaintiff no longer retains a "live" personal grievance. Second, it presents the...

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