Andrew C. Goosby, Holmesburg Prison, Philadelphia, Pa. v. Maurice S. Osser, City Commissioner, City Hall Annex, Philadelphia, Pa.

OPINION OF THE COURT

This appeal from the district court’s order of October 6, 1971 requires us to decide whether the court erred in dismissing plaintiffs’ complaint. We are persuaded that there was no error and will affirm.

We have concluded that the substantive constitutional challenge to the two Pennsylvania statutes was wholly insubstantial and that the convening of a statutory court was not required under 28 U.S.C.A. § 2281. Bailey v. Patterson, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512 (1962).

Plaintiffs, untried detainees in Philadelphia prisons, have alleged that the First Class County…