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KINES v. DAY

No. 84-1425.

754 F.2d 28 (1985)

Bobby Ray KINES, Plaintiff, Appellant, v. John DAY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 5, 1985.

Attorney(s) appearing for the Case

G. Richard Shell, Boston, Mass., with whom Nonnie S. Burnes and Hill & Barlow, Boston, Mass., were on brief, for plaintiff, appellant.

Roberta Thomas Brown, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and WEIGEL, Senior District Judge.

WEIGEL, Senior District Judge.

Bobby Ray Kines, an inmate at the Massachusetts Correctional Institute in Walpole, brought this Section 1983 action challenging the constitutionality of the prison's "Publishers Only Rule". The Rule limits the sources from which prisoners may receive reading material. The district court decided that the Rule did not on its face violate the First Amendment and limited trial to the question of the constitutionality of the Rule as applied...

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