GREGORY v. WYSE

No. 73-1405.

512 F.2d 378 (1975)

Edward A. GREGORY, Plaintiff-Appellant, v. Fred WYSE, Warden, Colorado State Penitentiary, et al., Defendant-Appellee. Reverend John David CONTI, Plaintiff-Appellant, v. Fred WYSE, Warden, Colorado State Penitentiary, et al., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 11, 1975.


Attorney(s) appearing for the Case

John C. Guadnola, Denver, Colo., for plaintiffs-appellants.

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., and Richard G. McManus, Jr., Asst. Atty. Gen., for defendants-appellees.

Before MURRAH, SETH and BARRETT, Circuit Judges.


MURRAH, Circuit Judge.

This consolidated appeal is from separate judgments sustaining motions to dismiss civil rights actions (42 U.S.C. § 1983, 28 U.S.C. § 1443) by inmates of the Colorado penitentiary against responsible state administrators. We know, of course, the complaints should not be dismissed for failure to state a claim unless it appears beyond doubt that the complainants can prove no set of facts in support of their claims which would entitle...

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