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GATES v. COLLIER

No. 79-1844.

616 F.2d 1268 (1980)

Nazareth GATES et al., Plaintiffs-Appellees, v. John COLLIER, Superintendent of the Mississippi State Penitentiary, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 14, 1980.

Attorney(s) appearing for the Case

P. Roger Googe, Jr., Peter M. Stockett, Jr., Asst. Attys. Gen., Jackson, Miss., for defendants-appellants.

Carmack M. Blackmon, Asst. Atty. Gen., Dept. of Justice, Baton Rouge, La., for State of Louisiana, amicus curiae.

Frank R. Parker, Lawyers Committee for Civil Rights Under Law, Jackson, Miss., for Gates et al.

Before BROWN, HILL and RANDALL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This Court is not unanimous in its resolution of the two issues presented. All of us agree on the resolution of the issue presented in Part I. However, in Part II, Judges Brown and Randall concur with Judge Hill dissenting.1

This litigation over conditions at Mississippi's Parchman Penitentiary began in 1971. In 1974 we affirmed the district court's finding that various practices existing at Parchman...

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