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McCRACKEN v. JONES

Nos. 76-1360, 76-1361.

562 F.2d 22 (1977)

Leo McCRACKEN and Park Anderson, Appellants, v. Riley Mitchell JONES, Appellee. Riley Mitchell JONES, Cross-Appellant, v. Leo McCRACKEN and Park Anderson, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 29, 1977.

Rehearing Denied October 18, 1977.

Attorney(s) appearing for the Case

Paul Crowe, Asst. Atty. Gen., Oklahoma City, Okl. (Larry Derryberry, Atty. Gen., and Ross N. Lillard III, Asst. Atty. Gen., Oklahoma City, Okl., with him on the brief), for appellants, cross-appellees.

Fred P. Gilbert, Tulsa, Okl., for appellee, cross-appellant.

Before SETH, PICKETT and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

This is a civil rights action filed by a prisoner in an Oklahoma state prison against the two defendants, one of whom was the warden; the other was then the Director of the Department of Corrections. Neither defendant now occupies the position he did when the suit was brought. The case was tried to a jury which returned a verdict of $4,000.00 against each of the defendants. The defendants had filed a motion which was treated as for a directed...

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