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COBB v. AYTCH

Nos. 79-1459, 79-1460.

643 F.2d 946 (1981)

Charles COBB, James S. Glover, Darrel X. (Jackson), Michael Jordan, Gregory Martinez, Jeffrey X. Robinson v. Louis S. AYTCH, F. Emmett Fitzpatrick, Joseph O'Neill, Allyn Seilaff, Israel Packel, Joseph Vines on behalf of himself and as representative of the class of plaintiffs, Appellant. Charles COBB, James S. Glover, Darrel X. (Jackson), Michael Jordan, Gregory Martinez, Jeffrey X. Robinson v. Louis S. AYTCH, F. Emmett Fitzpatrick, Joseph O'Neill, Allyn Seilaff, Israel Packel, Louis S. Aytch, Superintendent of the Philadelphia Prisons, and his successors in office, Appellant.

United States Court of Appeals, Third Circuit.

Reargued November 17, 1980.

Decided March 4, 1981.

As Amended March 13, 1981.

Attorney(s) appearing for the Case

Elliott B. Platt (argued), Community Legal Services, Inc., Law Center Northeast, Philadelphia, Pa., for plaintiffs-appellants.

Mark N. Cohen (argued), Asst. Atty. Gen., Michael Von Moschzisker, Deputy Atty. Gen., Edward G. Biester, Jr., Atty. Gen., Philadelphia, Pa., for Commonwealth defendants.

John M. Myers, Philadelphia, Pa. (argued), Joseph P. Ryan, Asst. City Sol., James M. Penny, Jr., Deputy City Sol., Sheldon L. Albert, City Sol., for Municipal defendants.

Douglas Riblet, Asst. Public Defender, Benjamin Lerner, Chief Defender, Philadelphia, Pa., for defender Ass'n of Philadelphia as amicus curiae.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

These cross appeals bring before us a final judgment disposing of a Complaint which was filed on June 11, 1973. The case is a class action challenging transfers of inmates from three correctional institutions in Philadelphia, maintained by Philadelphia County, to correctional institutions maintained by the Commonwealth of Pennsylvania at locations distant from Philadelphia. Inmates subjected to such transfers...

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