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CLUTCHETTE v. ENOMOTO

No. 71-2357.

536 F.2d 305 (1976)

John Wesley CLUTCHETTE et al., Appellees, v. Jerry J. ENOMOTO et al., Appellants.

United States Court of Appeals, Ninth Circuit.

June 23, 1976.

Attorney(s) appearing for the Case

William D. Stein, Deputy Atty. Gen. (argued), San Francisco, Cal., for appellants.

William Bennett Turner (argued), San Francisco, Cal., for appellees.

Before TUTTLE, HUFSTEDLER and KILKENNY, Circuit Judges.

ORDER

Insofar as our opinions in Clutchette v. Procunier (9th Cir. 1974) 497 F.2d 809, and Clutchette v. Procunier (9th Cir. 1975) 510 F.2d 613, are inconsistent with Enomoto v. Clutchette, sub nom. Baxter v. Palmigiano (1976) ___ U.S. ___, 96 S.Ct. 1551, 47 L.Ed.2d 810, we vacate our prior opinions.

The cause is remanded to the district court for further proceedings...

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