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ADAMS v. CUYLER

No. 78-1021.

592 F.2d 720 (1979)

John ADAMS, and all others similarly situated, Appellants, v. Julius T. CUYLER, Superintendent, State Correctional Institution, Graterford, Pennsylvania, Thomas J. Shusted, Prosecutor, Camden County, New Jersey, Brendan D. Byrne, Governor of New Jersey, Milton Shapp, Governor of Pennsylvania, John Doe, and Richard Roe, Detectives, Camden County, New Jersey, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 9, 1979.

Attorney(s) appearing for the Case

James D. Crawford, James A. Shellenberger, M. Eileen Marquette, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellants.

Jerry I. Drew, Asst. Atty. Gen., Wynnewood, Pa., Maria Parisi Vickers, Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Gerald Gornish, Atty. Gen., Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge and GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

This class action challenges the constitutionality of the Interstate Agreement on Detainers, Pa. Stat. Ann. tit. 19, §§ 1431-1438 (Purdon 1964) (Agreement), and is brought by plaintiff Adams, an inmate of the State Correctional Institution at Graterford, Pennsylvania. After careful review, we find it unnecessary to decide the constitutional issues, but conclude on statutory grounds that procedural safeguards...

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