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BATTLE v. ANDERSON

No. 78-1889.

594 F.2d 786 (1979)

Bobby BATTLE et al., Plaintiffs-Appellees, and United States of America, Plaintiff-Intervenor-Appellee, v. Park J. ANDERSON et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided March 15, 1979.

Attorney(s) appearing for the Case

Louis W. Bullock, Jr. of Chapel, Wilkinson, Riggs, Abney & Keefer, Tulsa, Okl. (Carl G. Stevens, American Civil Liberties Union, Oklahoma City, Okl., with him on brief), for plaintiffs-appellees Battle et al.

Dennis J. Dimsey, Dept. of Justice, Washington, D. C. (Julian K. Fite, U. S. Atty., Muskogee, Okl., Drew S. Days, III, Asst. Atty. Gen., and Jessica Dunsay Silver, Dept. of Justice, Washington, D. C., on brief), for plaintiff-intervenor-appellee United States.

John F. Fischer, II, Asst. Atty. Gen. (Jan Eric Cartwright, Atty. Gen., of Oklahoma, Oklahoma City, Okl., on brief), for defendants-appellants Park J. Anderson et al.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

On October 26, 1977, this Court affirmed an order of the District Court directing the defendants-appellants, hereinafter, for convenience only, referred to as the State of Oklahoma to effect specific inmate population reductions at two badly deteriorated penal institutions which were unquestionably overcrowded, resulting in degenerative conditions and circumstances so injurious to health, safety and security as to amount to cruel and unusual...

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