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KERSHNER v. MAZURKIEWICZ

No. 81-1042.

670 F.2d 440 (1982)

KERSHNER, Royce, Ryan, Bernard, on their own behalf and on behalf of others similarly situated, Appellants, v. MAZURKIEWICZ, J. F., Superintendent; Gerber, Gary R., Librarian, SCI at Rockview, Bellefonte, Pa., Appellees.

United States Court of Appeals, Third Circuit.

Reargued November 23, 1981.

Decided February 1, 1982.

Attorney(s) appearing for the Case

Richard G. Fishman (argued), Keystone Legal Services, Inc., State College, Pa., for appellants.

Gregory R. Neuhauser (argued), Francis R. Filipi, Deputy Attys. Gen., Leroy S. Zimmerman, Atty. Gen., Harrisburg, Pa., for appellees.

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

Argued May 19, 1981.

Before ADAMS, ROSENN and HIGGINBOTHAM, Circuit Judges.

Reargued In Banc Nov. 23, 1981.

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

OPINION OF THE COURT

ADAMS, Circuit Judge.

On January 30, 1980, appellants Royce Kerchner1 and Bernard Ryan, inmates at the State Correctional Institution at Rockview [Rockview...

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