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COSTELLO v. WAINWRIGHT

No. 75-2392.

539 F.2d 547 (1976)

Michael V. COSTELLO, Roberto K. Celestineo, and all others similarly situated, Plaintiffs-Appellees, v. Louie L. WAINWRIGHT, as Director of the Division of Corrections, State of Florida, et al., Defendants-Appellants, United States of America, Amicus Curiae.

United States Court of Appeals, Fifth Circuit.

September 27, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Raymond W. Gearey, Tallahassee, Fla., Atty. for Fla. Div. of Corrections, John A. Barley, Asst. Atty. Gen., Dept. of Legal Affairs, Civil Div., William C. Sherrill, Jr., Asst. Atty. Gen., Tallahassee, Fla., for defendants-appellants.

Tobias Simon, Miami, Fla. (Court-appointed), Jack Greenberg, New York City, for plaintiffs-appellees.

Brian K. Landsberg, William C. Graves, U.S. Dept. of Justice, Washington, D.C., for amicus curiae.

Before BROWN, Chief Judge, TUTTLE, GEWIN, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, MORGAN, CLARK, RONEY, GEE, TJOFLAT and HILL, Circuit Judges.

RONEY, Circuit Judge:

This is a class action on behalf of inmates of the Florida prison system alleging constitutional violations because of inadequate medical care. Defendants1 appeal an Order and Preliminary Injunction entered on May 22, 1975, requiring them to lower the inmate population to "emergency capacity"2 within one year of the date of the Order and to "normal...

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