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SMITH v. SHIMP

Nos. 77-1175, 77-1176.

562 F.2d 423 (1977)

Lawrence W. SMITH et al., Plaintiffs-Appellees and Cross-Appellants, and Philip E. JAROS et al., Plaintiffs-Appellees and Cross-Appellants, v. Wayne SHIMP et al., Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 16, 1977.

Attorney(s) appearing for the Case

David Goldberger, Mark K. Schoenfield, Chicago, Ill., for Smith.

Malcolm F. Smith, Charles E. Ruth, DuPage County, Asst. State's Attys., Wheaton, Ill., for Shimp.

Before CASTLE, Senior Circuit Judge, WOOD, Circuit Judge, and MARKEY, Chief Judge of U. S. Court of Customs and Patent Appeals.

CASTLE, Senior Circuit Judge.

Plaintiffs, who are pretrial detainees at the DuPage County, Illinois, Jail, brought the instant action under 42 U.S.C. § 1983 alleging that the handling of mail by jail officials violated their civil rights. The district court entered an order on the basis of a stipulation of facts prescribing procedures to be followed in the handling of detainees' mail. Both parties have appealed.

I.

The parties stipulated that...

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