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WINSETT v. McGINNES

No. 78-1344.

617 F.2d 996 (1980)

Thomas H. WINSETT, Appellant, v. F. Earl McGINNES, Secretary of the Department of Health and Social Services; Paul W. Keve, Director of the Delaware Division of Adult Corrections; Raymond W. Anderson, Superintendent of Delaware Correctional Center; Donald R. Davis, Deputy Superintendent of the Delaware Correctional Center; Milton Horton, Acting Chief of Adult Corrections; James T. Vaughn, Commissioner of Department of Corrections; Walter W. Redman, Superintendent of Delaware Correctional Center.

United States Court of Appeals, Third Circuit.

Reargued November 8, 1979.

Decided March 24, 1980.

Attorney(s) appearing for the Case

Arlen B. Mekler, Wilmington, Del. (argued), for appellant.

John A. Parkins, Jr., Asst. Atty. Gen., Dept. of Justice, Wilmington, Del. (argued), for appellee.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Reargued En Banc November 8, 1979.

Argued Dec. 11, 1978.

Before GIBBONS, VAN DUSEN and ROSENN, Circuit Judges.

Argued Before Court En Banc Nov. 8, 1979.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal requires us to determine whether certain Delaware prison officials violated an inmate...

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