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OHLINGER v. WATSON

No. 78-3037.

652 F.2d 775 (1980)

Merlin OHLINGER, et al., Plaintiffs-Appellants, v. Robert J. WATSON, Administrator, Corrections Division of the State of Oregon, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 12, 1980.

As Amended July 21, 1981.

Attorney(s) appearing for the Case

Gene B. Mechanic, Salem, Or., for plaintiffs-appellants.

Thomas H. Denney, Asst. Atty. Gen., Salem, Or., argued, for defendants-appellees; Melinda L. Bruce, Asst. Atty. Gen., Salem, Or., on brief.

Before BROWNING and PREGERSON, Circuit Judges, and TAKASUGI, District Judge.

AMENDED OPINION

TAKASUGI, District Judge:

I. FACTUAL BACKGROUND

Appellants are two Oregon state prisoners. Both pleaded guilty to the crime of sodomy. Appellant Ohlinger's offense involved "playing, touching and fondling" of children's genitals. He was sentenced on February 15, 1961. Appellant Haddon's offense involved similar sexual activity with children. He was sentenced on November 22, 1971. Neither appellant has been involved in sexual activity...

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