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SITES v. McKENZIE

Civ. A. No. 76-24-W.

423 F.Supp. 1190 (1976)

Thomas J. SITES, Individually and on behalf of all others similarly situated, Plaintiff, v. Arthur L. McKENZIE, Individually and in his official capacity as Warden of the State Penitentiary for Men at Moundsville, West Virginia, et al.

United States District Court, N. D. West Virginia.

November 12, 1976.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, W.Va., for plaintiff.

Richard E. Hardison, Deputy Atty. Gen., Charleston, W.Va., for respondents.

MEMORANDUM ORDER

HADEN, District Judge:

Plaintiff, Thomas J. Sites, has brought this action under 42 U.S.C. § 1983 on behalf of himself and all others who are similarly situated. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343. The plaintiff has moved for summary judgment seeking declaratory relief on five legal issues.

The facts are undisputed. The Plaintiff is a seventy...

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