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UNITED STATES EX REL. LAND v. SIELAFF

No. 76-2549.

564 F.2d 153 (1977)

UNITED STATES of America ex rel. James LAND, Appellant, v. A. SIELAFF, Commissioner of Corrections of Penna. Camp Hill, Pennsylvania, Edward DeRamus (Acting) Supt. State Correctional Institution, Graterford, Pa., Allyn R. Sielaff, Arthur T. Prasse, Commissioner and former Commissioner of Corrections of Pennsylvania, Robert L. Johnson, Alfred T. Rundle, Erskind DeRamus, Superintendent, former Superintendent, and former Acting Superintendent of the State Correctional Institution at Graterford, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided October 20, 1977.

Attorney(s) appearing for the Case

Alan B. Rubenstein, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for appellant.

Robert P. Kane, Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Margret E. Anderson, Asst. Atty. Gen., Eastern Regional Office, Philadelphia, Pa., for appellees.

Before ADAMS, VAN DUSEN and HUNTER, Circuit Judges.

Submitted under Third Circuit Rule 12(6) September 7, 1977.

OPINION OF THE COURT

PER CURIAM:

The major issue in this appeal is whether our decision in Gray v. Creamer, 465 F.2d 179 (3d Cir. 1972), which held that transferring a prisoner from the general prison population to segregated confinement without notice of charges or a hearing is a denial of due process, is to be applied retroactively.

The...

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