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STORY v. ROBINSON

No. 82-5135.

689 F.2d 1176 (1982)

Stanton STORY, George Brooks, Robert Joyner, Louis McLemore, Larry Howard, individually, and on behalf of all others similarly situated, v. William B. ROBINSON, Commissioner of the Bureau of Corrections, James Howard, Superintendent of the State Correctional Institution at Pittsburgh, Robert Maroney, Deputy Superintendent of Treatment at the State Correctional Institution at Pittsburgh, Charles Zimmerman, Deputy Superintendent of Treatment at the State Correctional Institution at Pittsburgh, James A. Wigton, Classification and Treatment Supervisor of the State Correctional Institution at Pittsburgh, All individually and in their official capacities, L. Weyandt, C. J. Kozakiewicz, E. J. Krall, M. Ferris, Mr. Mallinger, Officer Salvy, Officer Batisma, Sergeant Robeson, Captain Twyman, Appellants, Allegheny County, Pennsylvania, Intervenor.

United States Court of Appeals, Third Circuit.

Decided October 5, 1982.

Attorney(s) appearing for the Case

Leroy S. Zimmerman, Atty. Gen., William A. Webb, Deputy Atty. Gen., Jose Hernandez-Cuebas (argued), Deputy Atty. Gen., Pittsburgh, Pa., for appellants.

J. Alan Johnson, U. S. Atty., Paul Brysh, Asst. U. S. Atty., Pittsburgh, Pa., Lawrence E. Fischer (argued), Deputy Gen. Counsel, U. S. Marshals Service, McLean, Va., for appellees.

James H. McLean, County Sol., Dennis R. Biondo (argued), Asst. County Sol., Allegheny County Law Dept., Pittsburgh, Pa., for intervenor Allegheny County.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The Commonwealth of Pennsylvania, intervenor, and the County of Allegheny, intervening appellant, appeal from a February 3, 1982 order of the District Court for the Western District of Pennsylvania, 531 F.Supp. 627, concerning the production of state prisoners for testimony in a civil action pending in that court. That order provides that the state custodian will be in compliance...

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