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BATTLE v. ANDERSON

No. 77-1554.

564 F.2d 388 (1977)

Bobby BATTLE, Plaintiff-Appellee, v. Park J. ANDERSON, Warden, Oklahoma State Penitentiary, Leo McCracken, Director, Department of Corrections, State of Oklahoma, Roy Sprinkler, Deputy Director of Institutions, Sam C. Johnston, Deputy Warden, Oklahoma State Penitentiary, Captain Black, Correctional Officer, Danny Nace, Correctional Officer, Otis P. Campbell, Correctional Officer, Oklahoma State Penitentiary, Defendants-Appellants, United States of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided October 26, 1977.

Rehearing Denied November 22, 1977.

Attorney(s) appearing for the Case

Larry Derryberry, Atty. Gen. of Oklahoma, Oklahoma City, Okl. (Paul Crowe and Amalija J. Hodgins, Asst. Attys. Gen., Oklahoma City, Okl., on the brief), for defendants-appellants.

Dennis J. Dimsey, Washington, D.C. (Drew S. Days, III, Asst. Atty. Gen., and Frank D. Allen, Jr., Dept. of Justice, Washington, D.C., Richard A. Pyle, U.S. Atty., Muskogee, Okl., on the brief), for intervenor.

Louis W. Bullock, Stillwater, Okl. (Bullock & Hornbostel, Stillwater, Okl., American Civ. Liberties Union of Oklahoma, on the brief), for plaintiff-appellee.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Appellants, defendants below, hereinafter referred to as State of Oklahoma, appeal from an Order of the United States District Court dated and filed June 14, 1977, directing the State of Oklahoma to achieve specific inmate population reductions at two state penal facilities, i. e., the Oklahoma State Penitentiary at McAlester, Oklahoma, and the Oklahoma State Reformatory at Granite, Oklahoma. The State of Oklahoma, following its filing of its...

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