KESSLER v. CUPP

Civ. No. 72-485.

372 F.Supp. 76 (1973)

Stephen KESSLER, Plaintiff, v. Hoyt C. CUPP et al., Defendants.

United States District Court, D. Oregon.

Order December 5, 1973.


Attorney(s) appearing for the Case

Stanley A. Sitnick, Legal Aid Service, Portland, Or., Jay Roth, Los Angeles, Cal., for plaintiff.

Al J. Laue, Asst. Atty. Gen., Salem, Or., for defendants.


OPINION

BURNS, District Judge:

For reasons set forth in my oral opinion on October 1, 1973, I advised counsel I intended to rule in Plaintiff's favor. In effect, I concluded, largely on the rationale advanced by Judge King in Park v. Thompson, 356 F.Supp. 783 (D.Haw., 1973) that I was not bound by the Ninth Circuit ruling in Hillen v. Director, 455 F.2d 510 (1972), and was free to follow...

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