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ST. CLAIRE v. CUYLER

No. 80-1077/8.

634 F.2d 109 (1980)

ST. CLAIRE, Frank "X", Appellant in No. 80-1077 v. CUYLER, Julius, Individually; Walker, Individually; D. C. Wampole, Individually; Martin Dragovich, Individually; R. H. Spaid, Individually; James Thrash (Turner), Individually; John Burroughs, Individually. ST. CLAIRE, Frank "X" v. CUYLER, Julius, Individually; Walker, Individually; D. C. Wampole, Individually; Martin Dragovich, Individually; R. H. Spaid, Individually; James Thrash (Turner), Individually; John Burroughs, Individually, Julius Cuyler, William Walker, Dennis Wampole, Martin Dragovich, Robert Spaid, James Thrash and John Burroughs, Appellants in No. 80-1078.

United States Court of Appeals, Third Circuit.

Decided November 6, 1980.

Attorney(s) appearing for the Case

Edmond A. Tiryak (argued), Community Legal Services, Inc., Law Center Northeast, Philadelphia, Pa., for appellant; Nicholas Orlyk, on the brief.

Mark N. Cohen (argued), John O. J. Shellenberger, Edward G. Biester, Jr., Atty. Gen., Philadelphia, Pa., for appellees.

Before ALDISERT, ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision in this appeal by the Commonwealth of Pennsylvania defendants from the district court judgment after a non-jury trial is whether the court erred in determining that certain practices at the State Correctional Institution at Graterford, Pennsylvania, violated an inmate's first amendment rights under the free exercise clause. We conclude that there was error and reverse.

I.

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