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DALE v. COMMISSIONER OF CORRECTION

17 Mass. App. Ct. 247 (1983)

457 N.E.2d 652

GEORGE E. DALE, JR. vs. COMMISSIONER OF CORRECTION & another.

Appeals Court of Massachusetts, Suffolk.

December 15, 1983.

Attorney(s) appearing for the Case

John P. Osler for the plaintiff.

Brian K. Bowen, Special Assistant Attorney General, for the defendants.

Present: HALE, C.J., DREBEN, SMITH, JJ.

SMITH, J.

The plaintiff, a prisoner serving a sentence at the Massachusetts Correctional Institution, Concord, filed a complaint pursuant to G.L.c. 248, §§ 1-34. Also see Mass. R.Crim.P. 30(a), 378 Mass. 900 (1979). The facts underlying the complaint are not in dispute.

In December, 1977, the plaintiff was sentenced to concurrent ten-year terms to be served at M.C.I., Concord. In November, 1980, while on parole from those sentences, he was arrested...

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