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BURNS v. SWENSON

Nos. 19980, 19981, 20003, 20004.

430 F.2d 771 (1970)

Robert E. BURNS, Appellant, v. H. R. SWENSON, Warden of the Missouri State Penitentiary, Appellee. Robert E. BURNS, Appellant, v. H. R. SWENSON, Warden, and F. T. Wilkinson, Director, Appellees. Robert E. BURNS, Appellee, v. H. R. SWENSON, Warden of the Missouri State Penitentiary, Appellant. Robert E. BURNS, Appellee, v. H. R. SWENSON, Warden, and F. T. Wilkinson, Director, Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied September 22, 1970.

Attorney(s) appearing for the Case

Alex Bartlett, of Hendren & Andrae, Jefferson City, Mo., for Robert E. Burns.

Howard L. McFadden, Gen. Counsel, State of Missouri, Dept. of Corrections, Jefferson City, Mo., for Harold R. Swenson.

John C. Danforth, Atty. Gen., State of Mo., Jefferson City, Mo., for defendants-appellants.

Before MATTHES, Chief Judge, HEANEY and BRIGHT, Circuit Judges.

MATTHES, Chief Judge.

These appeals and cross-appeals are from a final order entered on July 25, 1969, by the United States District Court for the Western District of Missouri, Honorable John W. Oliver, in two consolidated civil rights actions brought under 42 U.S.C. § 1983 on March 10 and August 2, 1966, by Robert E. Burns, an inmate at the Missouri State Penitentiary in Jefferson City. The two suits were later consolidated...

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