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MASON v. CICCONE

No. 75-1104.

531 F.2d 867 (1976)

Dennis Earl MASON, Petitioner-Appellant, v. Dr. P. J. CICCONE, Director, United States Medical Center for Federal Prisoners, Springfield, Missouri, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1976.

Attorney(s) appearing for the Case

R. Steven Brown, Asst. Federal Public Defender, Springfield, Mo., made argument for petitioner-appellant. Typewritten appellant's brief and appellant's reply brief were filed R. Steven Brown, Asst. Federal Public Defender, and David R. Freeman, Federal Public Defender, Kansas City, Mo.

J. Whitfield Moody, Asst. U. S. Atty., Kansas City, Mo., made argument for respondent-appellee. Printed brief for appellee was filed by J. Whitfield Moody, Asst. U. S. Atty., and Bert C. Hurn, U. S. Atty, Kansas City, Mo.

Before HEANEY, BRIGHT and HENLEY, Circuit Judges.

HEANEY, Circuit Judge.

Dennis Earl Mason, an inmate at the United States Medical Center for Federal Prisoners at Springfield, Missouri, appeals from a final judgment of the United States District Court for the Western District of Missouri dismissing his habeas corpus attack on the conditions of his confinement without prejudice for failure to exhaust available administrative remedies. The petitioner challenges the constitutionality of our holding in Willis v. Ciccone...

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