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FINNEY v. HUTTO

No. 76-1406.

548 F.2d 740 (1977)

Robert FINNEY et al., Petitioners-Appellees, v. Terrell Don HUTTO et al., Respondents-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 6, 1977.

Rehearing and Rehearing Denied February 3, 1977.

Attorney(s) appearing for the Case

Robert A. Newcomb, Asst. Atty. Gen., Little Rock, Ark., for appellant; Jim Guy Tucker (Former Atty. Gen.), Robert A. Newcomb and Jack T. Lassiter, Asst. Atty. Gen., Little Rock, Ark., on the briefs.

Philip E. Kaplan, Little Rock, Ark., for appellee; Stanley Bass, New York City, Jack Holt, Jr., Philip H. McMath, Little Rock, Ark., on the brief.

Before HEANEY and ROSS, Circuit Judges, and VAN PELT, Senior District Judge.

Rehearing and Rehearing En Banc Denied February 3, 1977.

ROSS, Circuit Judge.

This appeal is the latest chapter in the seemingly endless litigation involving the constitutionality of the Arkansas state prisons.1 The respondent-appellants are officials of the Arkansas Department of Correction. The petitioner-appellees are prisoners confined in Arkansas state prisons. In Finney v. Hutto...

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