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SELL v. PARRATT

No. 76-1307.

548 F.2d 753 (1977)

Dennis SELL and Edward Konder, Appellees, v. Robert F. PARRATT, Warden, Nebraska Penal and Correctional Complex, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1977.

Attorney(s) appearing for the Case

Melvin K. Kammerlohr, Asst. Atty. Gen., Lincoln, Neb., for appellant; Paul L. Douglas, Atty. Gen., Lincoln, Neb., on brief.

Alan Saltzman, Associate Professor of Law, University of Detroit, Detroit, Mich., for appellee.

Before GIBSON, Chief Judge, VAN OOSTERHOUT, Senior Circuit Judge, and HENLEY, Circuit Judge.

HENLEY, Circuit Judge.

In September, 1973 Dennis Sell and Edward Konder, plaintiffs in the district court, were inmates of the Nebraska Penal and Correctional Complex and were in the immediate custody of the Warden of that institution who is a subordinate of the Director of the Nebraska Department of Correctional Services.1 During that month subordinate prison personnel found Sell to be in possession...

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