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GERAGHTY v. UNITED STATES PAROLE COM'N

No. 82-3593.

719 F.2d 1199 (1983)

GERAGHTY, John M., individually and on behalf of a class, Villanti, Frank and Ford, Nicola, Additional Plaintiffs, v. UNITED STATES PAROLE COMMISSION and Attorney General of United States and Superintendent, Federal Prison Camp, Montgomery, Pa. Appeal of John M. GERAGHTY.

United States Court of Appeals, Third Circuit.

Decided October 6, 1983.

Rehearing Denied October 28, 1983.

Certiorari Denied March 19, 1984.

Attorney(s) appearing for the Case

Kenneth N. Flaxman (argued), Chicago, Ill., for appellant.

David Dart Queen, U.S. Atty., Harrisburg, Pa., Frederick E. Martin, Asst. U.S. Atty., Lewisburg, Pa., Patrick J. Glynn (argued), Atty., U.S. Parole Com'n, Chevy Chase, Md., for appellees; Joseph A. Barry, General Counsel, U.S. Parole Com'n, Michael A. Stover, Atty., U.S. Parole Com'n, Washington, D.C., of counsel.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.

Certiorari Denied March 19, 1984. See 104 S.Ct. 1602.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal presents three questions: whether the district court properly made certain class certification decisions; whether the federal parole guidelines violate the Parole Commission and Reorganization Act of 1976 (PCRA); and if not, whether construing the PCRA to authorize the guidelines renders the statute unconstitutional. The district court...

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