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BETHEA v. CROUSE

Nos. 2-68, 27-68.

417 F.2d 504 (1969)

Oscar BETHEA, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee. James TOWNSEND, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied and Rehearing Denied December 3, 1969.

Attorney(s) appearing for the Case

Theodore M. Smith, Denver, Colo., for appellant.

Edward G. Collister, Jr. (Robert C. Londerholm, Atty. Gen., on brief), for appellee.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and CHRISTENSEN, District Judge.

Rehearing Denied and Rehearing En Banc Denied December 3, 1969.

MURRAH, Chief Judge.

Bethea and Townsend, prison inmates, brought separate suits for damages under the Civil Rights Act (1871) against the Warden of the Kansas State Penitentiary, claiming that he was legally answerable for a severe beating inflicted upon them by another inmate, one Costello; that he failed, on request, to furnish proper medical treatment for resulting injuries; and suffered and...

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