No. 79-2324.

639 F.2d 559 (1980)

Fidel RAMOS, David Lee Anderson, Sadiki Lisimba Ajamu (a/k/a Eugene Collins), Alexander Roses, Mark J. Menchetti and Lester Lazenby, et al., Plaintiffs-Appellees, v. The Honorable Richard D. LAMM, Governor of the State of Colorado; James G. Richetts, Executive Director of the Dept. of Corrections; John Perko, Director of Div. of Adult Services of Colo. Dept. of Corrections; Edgar Fox, Dir. of Div. of Correctional Industries of Colo. Dept. of Corrections and William Wilson, Supt. of Max. Sec. Unit (Warden) Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided September 25, 1980.

Rehearing and Rehearing Denied November 10, 1980.

Certiorari Denied April 6, 1981.

Attorney(s) appearing for the Case

John D. MacFarlane, Atty. Gen., and David K. Rees, Asst. Atty. Gen., Denver, Colo. (Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Sarah Scott Sammons, Asst. Atty. Gen., Litigation Section, Tarquin Jay Bromley, Asst. Atty. Gen., Human Resources Section, Denver, Colo., were on the brief) for defendants-appellants.

James E. Hartley of Holland & Hart, Denver, Colo., and Peggy A. Wiesenberg, National Prison Project, Washington, D. C. (Hugh Q. Gottschalk, Denver, Colo., and Ralph I. Knowles, Jr., National Prison Project, Washington, D. C., were on the brief), for plaintiffs-appellees.

William C. Robb, Denver, Colo. (Philip G. Dufford of Welborn, Dufford, Cook & Brown and Michael T. Risner, Denver, Colo., were on the brief) for amicus curiae The General Assembly of the State of Colo.*

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 10, 1980.

HOLLOWAY, Circuit Judge.

The defendants-appellants, hereafter the State or the State of Colorado, appeal from an order of the United States District Court directing inter alia that the State of Colorado close the maximum security unit of the Colorado State Penitentiary at Canon City, Colorado, hereinafter referred to as "Old Max." The order was premised mainly on findings of numerous violations...

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