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WAGNER v. GILLIGAN

No. 77-3372.

609 F.2d 866 (1979)

Lawrence WAGNER et al., Plaintiffs-Appellees, v. John J. GILLIGAN, Governor, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 19, 1979.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen. of Ohio, John C. Stamatakos, Asst. Atty. Gen., Columbus, Ohio, for defendants-appellants.

Frank S. Merritt, Norman Zemmelman, Toledo, Ohio, Stanley A. Bass, New York City, Oliver Nickerson, Chillicothe Correction Inst., Chillicothe, Ohio, for plaintiffs-appellees.

Before CELEBREZZE and ENGEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM.

The issue on this appeal is whether a prisoner in an Ohio penal institution who becomes a candidate for parole possesses a liberty or property interest sufficient to evoke a right to procedural due process. The district court answered this question in the affirmative in Wagner v. Gilligan, 425 F.Supp. 1320 (N.D.Ohio 1977). Reference is made to the published opinion of the district court for a recitation of pertinent...

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