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BLUE v. HOGAN

No. 76-4358.

553 F.2d 960 (1977)

George E. BLUE, Petitioner-Appellee, v. Marvin R. HOGAN, Warden, U. S. Penitentiary, Atlanta, Georgia, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 4, 1977.

Attorney(s) appearing for the Case

John W. Stokes, U. S. Atty., Richard A. Horder, Asst. U. S. Atty., Atlanta, Ga., Henry E. Davis, U. S. Dept. of Justice, Washington, D. C., for respondent-appellant.

Ralph Goldberg, David Buffington, Atlanta, Ga., for petitioner-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 4, 1977.

GEWIN, Circuit Judge:

Marvin Hogan, warden of the federal penitentiary at Atlanta, Georgia, appeals from a district court judgment affecting the institution's practices with respect to certain publications to which prisoner Blue subscribes. The court ordered appellant to deliver publications he had withheld from appellee, to deliver future issues of the same three...

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