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PORTER v. SUPTDT., MASS. CORRECTIONAL INST., CONCORD

383 Mass. 111 (1981)

417 N.E.2d 1199

NORMAN PORTER, JR. vs. SUPERINTENDENT, MASSACHUSETTS CORRECTIONAL INSTITUTION, CONCORD, & others.

Supreme Judicial Court of Massachusetts, Essex.

March 5, 1981.

Attorney(s) appearing for the Case

Michael D. Cutler for the plaintiff.

Kevin J. Sullivan, Assistant Attorney General, for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, WILKINS, & ABRAMS, JJ.

HENNESSEY, C.J.

The petitioner, Norman Porter, Jr., filed a complaint for habeas corpus and declaratory relief in the Superior Court for the county of Essex. After a hearing on the merits, at the judge's initiative and with the consent of the parties, the case was reported to the Appeals Court along with a statement of agreed facts. See Mass. R. Civ. P. 64, 365 Mass. 831 (1974); G.L.c. 231, § 111. We granted direct appellate review. We conclude that the petitioner...

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