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MAXWELL v. MASON

No. 81-1033.

668 F.2d 361 (1981)

Bobby MAXWELL (Ahmid Latfee Jamal Ali), Appellee, v. Thomas K. MASON, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 23, 1981.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Lynne Rae Fritz, J. Kirk Brown (argued), Asst. Attys. Gen., Lincoln, Neb., for appellants.

Jerry David Slominski, Lincoln, Neb., for appellee.

Before HEANEY and STEPHENSON, Circuit Judges, and OLIVER, Senior District Judge.

JOHN W. OLIVER, Senior District Judge.

I.

Bobby Lee Maxwell, an inmate at the Nebraska State Penitentiary, brought this action under 42 U.S.C. § 1983 in the district court against Warden Robert F. Parratt, Deputy Warden Thomas K. Mason, Correctional Lieutenant Jerry Wright, and other employees of the penitentiary.1 The case was tried to the court without a jury. Defendants Mason and Wright appeal the district court's

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