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MORGAN v. MONTANYE

No. 614, Docket 74-2390.

521 F.2d 693 (1975)

Zachary MORGAN, Petitioner-Appellant, v. Ernest L. MONTANYE, Warden of Attica State Prison, Correctional Officer Steggs, et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Dissenting Opinion August 18, 1975.

A poll of the judges in regular active service having been taken at the request of such a judge as to whether this action should be reheard en banc and there being no majority in favor thereof, it is

Ordered that rehearing en banc of opinion, 516 F.2d 1367, is denied.

OAKES, Circuit Judge (dissenting):

I respectfully dissent from the denial of rehearing en banc.

If prison inmates have any rights against prison...

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