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BARRETT v. COM. OF VA.

No. 82-6047.

689 F.2d 498 (1982)

Thomas Eldridge BARRETT, Appellee, v. COMMONWEALTH OF VIRGINIA; Arlington Circuit Court, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 1982.

Attorney(s) appearing for the Case

Burnett Miller, III, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Va., Richmond, Va., on brief) for appellants.

S. Keith Barker, Richmond, Va. (Tuck, Freasier & Herbig, Richmond, Va., on brief), for appellee.

Before WINTER, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

The Commonwealth of Virginia and the Circuit Court of Arlington County appeal from the district court's ruling that Va. Code Ann. § 8.01-217 (Cum.Supp.1982) violates the first amendment insofar as the statute withholds legal recognition of a prisoner's religiously motivated change of name. We affirm that ruling but reverse a subsequent order in which the court prescribed the manner in which Virginia must reorganize its correctional...

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