NEWMAN v. STATE OF ALABAMA

No. 73-2033.

503 F.2d 1320 (1974)

N. H. NEWMAN et al., Respondents-Appellees, v. STATE OF ALABAMA and Bill Baxley, Attorney General for the State of Alabama, Petitioners-Appellants, United States of America, Amicus Curiae.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 10, 1975.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Herbert H. Henry, George Beck, Thomas Sorrels, Asst. Attys. Gen., Montgomery, Ala., for petitioners-appellants.

Joseph Phelps, Phillip H. Butler, Montgomery, Ala., for respondents-appellees.

Michael S. Loftman, Civ. Rights, Dept. of Justice, Washington, D. C., Ira DeMent, U. S. Atty., Montgomery, Ala., J. Stanley Pottinger, Asst. Atty. Gen., Patricia G. Littlefield, Walter W. Barnett, Attys., Dept. of Justice, Civil Rights Div., Washington, D. C., amicus curiae.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 10, 1975.

GEWIN, Circuit Judge:

This appeal emanates from a district court order, reported at 349 F.Supp. 278 (M.D.Ala.1972), sustaining a challenge to the quality of medical care dispensed to inmates incarcerated in the Alabama Penal System (APS). While laboring arduously and meticulously to implement the extensive relief mandated by the district court in the interim between...

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