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ABERNATHY v. CUNNINGHAM

No. 11608.

393 F.2d 775 (1968)

Charles M. ABERNATHY, Appellant, v. W. K. CUNNINGHAM, Jr., Director, Division of Corrections; C. C. Peyton, Superintendent of the Virginia State Penitentiary; and M. L. Royster, Superintendent of the Virginia State Farm, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 1, 1968.

Attorney(s) appearing for the Case

Robert L. Taylor, Richmond, Va., (Court-appointed counsel) [Edward E. Lane & Associates, Richmond, Va., on brief] for appellant.

Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, on brief), for appellees.

Before BOREMAN and CRAVEN, Circuit Judges, and WOODROW W. JONES, District Judge.

BOREMAN, Circuit Judge:

Abernathy, a Virginia prisoner, petitioned the district court to order his release from the maximum security building at the Virginia State Penitentiary at Richmond and, further, to grant him certain relief in matters incident to the free exercise of his religion, Islam. After several conferences, the court scheduled a hearing for February 1967. The hearing was recessed, however, to permit the respondents to file an amended answer advising...

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