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INMATES OF NEBRASKA PENAL, ETC. v. GREENHOLTZ

No. 77-1031.

567 F.2d 1368 (1977)

INMATES OF the NEBRASKA PENAL AND CORRECTIONAL COMPLEX, Appellants, v. John B. GREENHOLTZ et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1977.

Rehearing and Rehearing Denied February 1, 1978.

Attorney(s) appearing for the Case

Roy Haber, Native American Rights Fund (argued and on rebuttal) Boulder, Colo., Walter R. EchoHawk and Arlinda F. Locklear, Boulder, Colo., on briefs and appendix, for appellants.

Ralph H. Gillan, Asst. Atty. Gen., Lincoln, Neb. (argued), and Paul L. Douglas, Atty. Gen., Lincoln, Neb., on brief, for appellees.

Before VAN OOSTERHOUT and MATTHES, Senior Circuit Judges, and STEPHENSON, Circuit Judge.

Rehearing and Rehearing En Banc Denied February 1, 1978.

VAN OOSTERHOUT, Senior Circuit Judge.

On this appeal a subclass of plaintiffs-appellants consisting of native American and Mexican-American inmates of the Nebraska Penal and Correctional Complex renew their claim that defendant members of the Nebraska Board of Parole have denied discretionary parole to subclass members on grounds which are racially and ethnically discriminatory, in violation of the fourteenth...

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