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COM'R, ALASKA DEPT. OF HEALTH v. ANTHONY

Nos. S-76, S-84.

709 P.2d 491 (1985)

COMMISSIONER, ALASKA DEPARTMENT OF HEALTH & SOCIAL SERVICES; Director, Alaska Division of Corrections; Attorney General, State of Alaska, Petitioners, v. Dennis Ray ANTHONY, Respondent. Anthony L. BROWN, Sidney L. Vail, Robert Klink, Appellants, v. Robert L. SMITH, Commissioner, Department of Health & Social Services; Roger Endell, Director, Division of Adult Corrections, Department of Health & Social Services, Appellees.

Supreme Court of Alaska.

November 15, 1985.

Attorney(s) appearing for the Case

Dennis Ray Anthony, Anthony L. Brown, Sidney L. Vail and Robert Klink, pro se.

Atty. Gen. Norman C. Gorsuch, Larry A. McKinstry, Asst. Atty. Gen., for petitioners/appellees.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

COMPTON, Justice.

I. FACTUAL AND PROCEDURAL BACKGROUND

These two cases involve prisoners who attempted to exclude themselves from Subclass C of the Cleary "prisoners' rights" class action1 in order to pursue their grievances separately. The Cleary case was originally filed in August 1981. Plaintiffs were divided into three subclasses. Subclass C comprised...

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