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AFRICA v. COM. OF PA.

No. 81-2325.

662 F.2d 1025 (1981)

Frank AFRICA, Appellant, v. The COMMONWEALTH OF PENNSYLVANIA Leroy S. Zimmerman (Attorney General) Bureau of Corrections Ronald Marks (Commissioner of B.O.C.).

United States Court of Appeals, Third Circuit.

Decided October 30, 1981.

Rehearing Denied November 24, 1981.

As Amended January 6, 1982.

Attorney(s) appearing for the Case

Albert John Snite, Jr., Asst. Defender, Defender Association of Philadelphia, Philadelphia, Pa., for appellant.

Frank Africa, pro se.

Leroy S. Zimmerman, Atty. Gen., Harrisburg, Pa., by Mark N. Cohen, Deputy Atty. Gen., Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge, and VAN DUSEN and ADAMS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 22, 1981.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Frank Africa, who claims to be a "Naturalist Minister" for the MOVE organization and who is a prisoner of the Commonwealth of Pennsylvania, appeals from a district court judgment holding that the state government is not required, under the religion clauses of the first amendment, to provide him with a special diet consisting entirely of raw foods...

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