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COSTELLO v. WAINWRIGHT

No. 75-2392.

525 F.2d 1239 (1976)

Michael V. COSTELLO, Plaintiff-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted March 3, 1976.

Attorney(s) appearing for the Case

Donna H. Stinson, Asst. Atty. Gen., Dept. of Legal Affairs, Civ. Div., Jerry Oxner, Chief Trial Counsel, Robert L. Shevin, Atty. Gen., Raymond W. Gearey, Atty. for Fla. Div. of Corrections, John A. Barley, Asst. Atty. Gen., Dept. of Legal Affairs, Civ. Div., Tallahassee, Fla., for defendant-appellant.

Tobias Simon, Miami, Fla. (Court-appointed), for plaintiff-appellee.

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

Before BROWN, Chief Judge, TUTTLE and RONEY, Circuit Judges.

Rehearing En Banc Granted March 3, 1976. 528 F.2d 1381.

TUTTLE, Circuit Judge:

This is an appeal from an Order and Preliminary Injunction entered on May 22, 1975 by the trial court, requiring the Director of the State's Division of Corrections to lower its inmate population to "emergency capacity" within one year of the date of the Order, and to "normal capacity" by December 1, 1976...

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