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CORPUS v. ESTELLE

No. 76-1184.

551 F.2d 68 (1977)

Julius CORPUS and Calvin Sellars, Individually and on behalf of all other inmates of the Texas Department of Corrections, Plaintiffs-Appellees, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 22, 1977.

Attorney(s) appearing for the Case

Calvin Botley, Asst. Atty. Gen., Houston, Tex., John L. Hill, Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Chief, Enforcement Div., Gilbert J. Pena, Austin, Tex., for defendant-appellant.

Stanley G. Schneider, Staff Counsel for Inmates (Tex. Dept. of Corrections), Ted Redington, Director, Staff Counsel for Inmates, Huntsville, Tex., amicus curiae.

William Bennett Turner, San Francisco, Cal., Frances T. Cruz, Chicago, Ill., for plaintiffs-appellees.

Before GEWIN, GEE and FAY, Circuit Judges.

FAY, Circuit Judge:

This is an appeal brought by the Director of the Texas Department of Corrections (TDC) from an order of the district court granting declaratory and injunctive relief under 42 U.S.C. § 1983 to a class of prisoners confined by TDC. The injunction was entered to prevent the appellant, ". . . his agents, employees, successors and those acting in concert with him . . . from maintaining or enforcing any rule or practice prohibiting prisoners of...

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