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NOVAK v. BETO

No. 31116.

453 F.2d 661 (1971)

Ronald NOVAK, individually and on behalf of all others similarly situated, and Fred Cruz, Petitioners-Appellants, v. Dr. George J. BETO, Director of the Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 8, 1972.

Attorney(s) appearing for the Case

William Bennett Turner, San Francisco, Cal., Frances T. Freeman Jalet, Houston, Tex., for petitioners-appellants.

Mario G. Obledo, Gen. Counsel, San Francisco, Cal., for Mexican American Legal Def., amicus curiae.

Harrell Moore, Larry J. Craddock, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 8, 1972.

THORNBERRY, Circuit Judge:

Appellants are inmates in custody of the Texas Department of Corrections. In this class action brought under 42 U.S.C.A. § 1983 they challenge the constitutionality of various aspects of the treatment accorded them by the Texas prison system. Specifically at issue is whether the Texas Department of Corrections (TDC) regulation banning all inmate assistance in the preparation...

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