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BRENNAN v. CUNNINGHAM

No. 86-1877.

813 F.2d 1 (1987)

Robert BRENNAN, Plaintiff, Appellee, v. Michael J. CUNNINGHAM, etc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 3, 1987.

Attorney(s) appearing for the Case

Ronald F. Rodgers, Sr. Asst. Atty. Gen., with whom Stephen E. Merrill, Atty. Gen., Concord, N.H., was on brief for defendant, appellant.

James E. Duggan, Concord, N.H., by Appointment of the Court, for plaintiff, appellee.

Before COFFIN, Circuit Judge, TIMBERS, Senior Circuit Judge, and BOWNES, Circuit Judge.

BOWNES, Circuit Judge.

Michael J. Cunningham, warden of the New Hampshire State Prison, appeals from summary judgment on a habeas corpus petition in United States District Court for the District of New Hampshire. The court reinstated the appellee, prisoner Robert Brennan, in a work release program at the Manchester Community Correction Center (the halfway house). Brennan had been removed from the program and transferred back to prison under circumstances which the...

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